D. B. SMITH & CO., INC. v. R. E. CHAPIN MFG. WORKS, INC.


55 A.D.2d 1023 (1977)

D. B. Smith & Company, Inc., Appellant, v. R. E. Chapin Manufacturing Works, Inc., Respondent. (Appeal No. 1)

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

January 21, 1977


Judgment unanimously modified by reinstating in part the third cause of action and, as modified, affirmed, without costs, in accordance with the following memorandum: The court properly dismissed the first cause of action, to wit, for anticipatory breach of contract. A fair interpretation of the contract grants to defendant the right to cancel it at any time upon 18 months' written notice to plaintiff. The court also properly reinstated the second cause of action for an injunction...

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