HI-HO DRIVE-IN & TASTEE-FREEZ, INC. v. ALLEGANY TASTEE-FREEZ SALES, INC.


20 A.D.2d 959 (1964)

Hi-Ho Drive-In and Tastee-Freez, Inc., Respondent, v. Allegany Tastee-Freez Sales, Inc., et al., Appellants

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

April 9, 1964


Judgment insofar as it awarded damages in the sum of $4,959 unanimously reversed on the law and facts and a new trial granted on the issue of damages, if any, and otherwise judgment affirmed, with costs to plaintiff-respondent.

Memorandum:

The record amply supports the determination of the Trial Justice that the defendant breached its exclusive territorial agreement with the plaintiff, and that the plaintiff may well have sustained damages as a result. However...

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