45 A.D.2d 720 | N.Y. App. Div. | 1974
In an action to recover damages for breach of contract, both parties cross-appeal from an order of the Supreme Court, Kings County, dated August 20, 1973, which denied plaintiff’s motion for summary judgment and did not grant defendant’s request for summary judgment. Order affirmed, without costs. By the terms of the agreement between the parties, defendant was to sell to plaintiff and plaintiff was to purchase from defendant, at six cents per pound, “all bread crumbs produced by the Seller in its factory ” from June 19, 1968 to June 18, 1969. The agreement was automatically renewable for periods of one year, absent six months’ notice of cancellation. By mid-May of 1969 defendant ceased Producing bread crumbs, asserting that it was no longer economically feasible to