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COMPUTER v. MOBIL OIL CORP.

301 A.D.2d 70 (2002)

747 N.Y.S.2d 468

COMPUTER POSSIBILITIES UNLIMITED, INC., Appellant, v. MOBIL OIL CORPORATION, Respondent.

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

September 26, 2002.

Attorney(s) appearing for the Case

Jennifer R. Scullion of counsel (David N. Ellenhorn on the brief; Solomon, Zauderer, Ellenhorn, Frischer & Sharp, attorneys), for appellant.

Douglas M. Garrou of counsel (Jeffrey W. Gutchess on the brief; Hunton & Williams, attorneys), for respondent.

BUCKLEY, J.P., ELLERIN, LERNER and RUBIN, JJ., concur.

OPINION OF THE COURT

FRIEDMAN, J.

The parties to this action entered into a contract requiring plaintiff, a software company, to offer its product to defendant's franchisees at prices not exceeding those specified in the agreement. This appeal requires us to determine whether plaintiff repudiated this contract by secretly entering into an agreement with a third-party distributor that gave the distributor complete control over the prices to be charged for...

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