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BALSAM FARM, INC. v. EVERGREEN DAIRIES, INC.

6 A.D.2d 720 (1958)

Balsam Farm, Inc., Respondent, v. Evergreen Dairies, Inc., Appellant

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

May 26, 1958

Order of the Appellate Term reversed and motion to dismiss the complaint granted, with costs in all courts.

By the provisions of the contract, respondent agreed to bottle "the milk supplied by" appellant. There was no provision requiring appellant to supply any quantity of milk, nor could the contract be construed to contain such a provision by implication. The contract was, therefore, unenforcible (Schlegal Mfg. Co. v. Cooper's Glue Factory, 231 N.Y. 459)...

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