MATTER OF R. H. MACY & CO., INC. v. NAT'L SLEEP PRODS. INC.


47 A.D.2d 518 (1975)

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

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

January 28, 1975


In 1949 the parties entered into an agreement pursuant to which the respondent was to manufacture mattresses bearing the name Macy's and petitioner Macy's was obligated to purchase its requirements of mattresses for sale in all New York stores up "to 700 Mattresses per week before [it ordered] Mattresses from any other person". In 1972, respondent, by letter, informed petitioner concerning the latter's failure to order the minimum number of mattresses as provided in the contract...

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