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FRENCHMAN & SWEET v. PHILCO DISC.

21 A.D.2d 180 (1964)

Frenchman & Sweet, Inc., Respondent-Appellant, v. Philco Discount Corporation, Appellant-Respondent

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

May 14, 1964.

Attorney(s) appearing for the Case

Harris, Beach, Wilcox, Dale & Linowitz (Edward R. Macomber of counsel), for appellant-respondent.

Falk, Schoenwald, Klafter & Ange (Sidney K. Schoenwald of counsel), for respondent-appellant.

WILLIAMS, P. J., BASTOW, GOLDMAN, HENRY and NOONAN, JJ., concur.

Per Curiam.

This breach of contract action arises out of termination of a supermarket merchandising plan because of the withdrawal from its operation of a third party, whose participation was essential to the continuance of the plan. The respondent, an appliance dealer, agreed to participate with appellant, a financing subsidiary of Philco Corporation, in the sale of Philco products in supermarkets. The issues are...

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