MATTER OF R. H. MACY & CO., INC.


46 A.D.2d 767 (1974)

In the Matter of the Arbitration between R. H. Macy & Co., Inc., Respondent, and National Sleep Products Inc., Appellant

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

November 26, 1974


Appellant shall recover of respondent $40 costs and disbursements of this appeal. In 1949 the parties entered into an agreement pursuant to which the respondent was to manufacture matresses bearing the name Macy's and petitioner Macy's was obligated to buy a minimum of 35,000 units yearly. In 1972, respondent, by letter, informed petitioner concerning the latter's failure to order the minimum number of mattresses as provided in the contract. Subsequently, efforts to negotiate...

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