37 A.D.2d 925 | N.Y. App. Div. | 1971
Order, Supreme Court, New York County, entered on June 9, 1971, dismissing .the amended complaint, affirmed. Respondent shall recover of appellant $50 costs and disbursements of this appeal. To Special Term’s well-reasoned opinion we would add that the record clearly discloses that the plaintiff seeks recovery under an alleged contract which left plaintiff free to forebear from placing any order for fabrics but sought to forever bind the defendant not to make the same fabric for anyone else. Consequently, mutuality of obligation is lacking and the contract is unenforceable. (See Van Slyke News Agency v. News Syndicate Co., 207 App. Div. 736, app. dsmd. 249 N. Y. 602.) “ Unless both parties to a contract are bound, so that either can sue the