GUSS v. SIBARCO STATIONS, INC., ATL. REF. CO., AGENT


35 A.D.2d 526 (1970)

Oscar W. Guss, Appellant, v. Sibarco Stations, Inc., Atlantic Refining Company, Agent, Respondent

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

July 2, 1970


Judgment reversed, on the law, and new trial granted, with costs to abide the event. The questions of fact have not been considered.

We agree with the trial court that, in the absence of evidence establishing that defendant knew of the terms of plaintiff's contract with his vendor, or other special circumstances, from which evidence a conclusion would be required that the gains that plaintiff was prevented from realizing were reasonably contemplated by the parties...

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