FELD V. HENRY S. LEVY & SONS, INC.
335 N.E. 320 (1975)
NATURE OF THE CASE: This was a dispute over bread crumbs. Both parties appealed an order affirming an order of the trial court, that denied Feld's (P) motion for summary judgment, and Levy's (D) request to dismiss P's breach of contract action.
FACTS: Feld (P), who operated the Crushed Toast Co., made a written contract with Levy (D) for D to make and sell bread crumbs to P. The agreement was for one year with automatic renewal and a six-month notice of termination by certified mail. D stopped bread crumb production within the first year and without notice. P sued D. D contends that there was no obligation to sell crumbs to P but merely that if it did make crumbs they must sell them to P. D claims that because the equipment has been dismantled and that it no longer makes crumbs, there is no obligation to P. P's motion for summary judgment and D's counter request for a summary judgment of dismissal were denied. Both parties appealed.
ISSUE:
RULE OF LAW:
HOLDING AND
DECISION:
LEGAL ANALYSIS:
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