BAUM v. BEACON FEEDS, BEACON DIV. OF TEXTRON, INC.


31 A.D.2d 734 (1968)

Adam Baum, Doing Business as Adam Baum Poultry Farms, Respondent, v. Beacon Feeds, Beacon Division of Textron, Inc., Appellant

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

December 12, 1968


Judgment insofar as it awarded damages in the sum of $2,016 unanimously reversed on the law and facts and a new trial granted solely on the issue of damages and otherwise judgment affirmed, without costs to either party.

Memorandum:

The record is sufficient to support the finding of the jury that a contract existed between the parties which was breached by defendant. The mere fact that the agreement lacked mutuality at its inception because plaintiff was not...

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