NAT NAL SERV. STATIONS v. WOLF


304 N.Y. 332 (1952)

Nat Nal Service Stations, Inc., Appellant, v. Henry Wolf et al., Respondents.

Court of Appeals of the State of New York.

Decided July 15, 1952


Attorney(s) appearing for the Case

Jerome A. Strauss for appellant.

Milton H. Spiero and Samuel Finkelstein for respondents.

LEWIS, DYE and FROESSEL, JJ., concur with CONWAY, J.; DESMOND, J., dissents in opinion in which LOUGHRAN, Ch. J., and FULD, J., concur.


CONWAY, J.

This is an action to recover upon an agreement which is set out in the following paragraph of the complaint. "FOURTH: That heretofore the defendants duly entered into an agreement with the plaintiff, wherein and whereby the defendants promised and agreed to and with the plaintiff that so long as plaintiff purchased from Socony Vacuum Oil Company or the Standard Oil Company or either or both, its requirements...

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