BROWN v. FRAGRANCE GROUP, LTD.


254 A.D.2d 206 (1998)

679 N.Y.S.2d 125

Ray Brown et al., Appellants, v. Fragrance Group, Ltd., Respondent

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

October 27, 1998


Although plaintiffs in their letter of January 29, 1993 clearly and unequivocally offered to rescind the parties' renewal contract, it is plain that defendant did not accept the offer of rescission but instead attempted to renegotiate the terms of the renewal contract and in so doing prevented plaintiffs from pursuing other business opportunities. The renewal contract, never having been rescinded, remained binding upon the parties and, as is here relevant, requires the payment...

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