FITZGERALD BROS. BREWING CO. v. IAROSSI


11 A.D.2d 595 (1960)

Fitzgerald Bros. Brewing Co., Appellant, v. Frank Iarossi, Individually and Doing Business as Madison Bottling Works, Respondent

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

May 16, 1960


The action seeks to recover a balance due for goods sold and delivered. Defendant interposed a counterclaim for damages for breach of an oral contract. From the allegations of the answer and statements in defendant's moving papers it sufficiently appears that defendant contends that in return for his agreement to handle and promote plaintiff's beer, plaintiff agreed to furnish adequate beer for defendant's business at current prices, and agreed not to terminate the distributorship...

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