TAUCHNER v. BURNETT


32 Misc.2d 839 (1961)

Max Tauchner, Doing Business under the Name of Tau Services, Plaintiff, v. Robert Burnett et al., Defendants.

Supreme Court, Special Term, Queens County.

December 13, 1961


Attorney(s) appearing for the Case

I. Leonard Feigenbaum for defendants. Lopin & Jacobson, for plaintiff.


GEORGE P. STIER, J.

This is a motion by the defendant to dismiss the complaint for legal insufficiency.

The action is for damages allegedly sustained by reason of the breach of a written contract and a written "codicil" thereto. The contract contains a recital that the defendant "manufactures and deals in certain chemicals, fertilizing and soil treatment products, and desires to appoint the Distributor [the plaintiff] its sole and exclusive sales...

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