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GUARD-LIFE v. PARKER MFG

50 N.Y.2d 183 (1980)

Guard-Life Corporation, Respondent, v. S. Parker Hardware Manufacturing Corp., Appellant.

Court of Appeals of the State of New York.

Decided May 1, 1980.

Attorney(s) appearing for the Case

Leonard H. Moche, Harry A. Gottlieb and Glenn Backer for appellant.

Milton W. Levy and Arnold Bennett Glenn for respondent.

Judges JASEN, WACHTLER and MEYER concur with Judge JONES; Chief Judge COOKE dissents in part and votes to affirm in a separate opinion in which Judges GABRIELLI and FUCHSBERG concur.

JONES, J.

As a general rule, if no improper means have been employed, a competitor may not be held liable for intentional interference with a contract that is unenforceable for lack of mutuality.

In January, 1968 plaintiff Guard-Life Corporation entered into a contract with Kokusan, a Japanese manufacturer of locks, which provided that Guard-Life would be Kokusan's exclusive distributor in the United...

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