ELECTROLUX CORP. v. VAL-WORTH, INC.


5 A.D.2d 216 (1958)

Electrolux Corporation, Respondent, v. Val-Worth, Inc., et al., Defendants, and Vacuum Cleaner Conservation Company, Inc., et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

February 18, 1958.


Attorney(s) appearing for the Case

Sidney S. Bobbe of counsel (Raymond Sacks, attorney), for appellants.

Hamilton Hicks of counsel (Hicks & Weller, attorneys), for respondent.

BOTEIN, J. P., VALENTE and McNALLY, JJ., concur with RABIN, J.; FRANK, J., dissents and votes to modify in opinion.


RABIN, J.

The plaintiff is the manufacturer of the well-known "Electrolux" vacuum cleaner. The appealing defendants are Solomon Sacks doing business as "Famous Vacuum Shops" and "Famous Appliance Shops", and Vacuum Cleaner Conservation Company, Inc. (hereinafter called "Conservation") of which corporation Sacks is the president and principal stockholder.

Since 1948 Conservation has been buying from the...

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