FEDER v. FRANK BRUNCKHORST CO.


35 A.D.2d 964 (1970)

Jack Feder, Respondent, v. Frank Brunckhorst Co. et al., Appellants

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

December 14, 1970


Order reversed, with $10 costs and disbursements, and plaintiff's motion denied, without costs.

In our opinion, plaintiff's moving papers failed to make an evidentiary showing that an enforceable agreement existed between the parties with respect to plaintiff's right to buy merchandise to fill his requirements. There was no proof offered as to any of the details of such an arrangement, other than the circumstance that between 1966 and 1970 the parties did transact...

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