Feld v. Henry S. Levy & Sons, Inc.,

335 N.E. 320 (1975)

Facts

Feld (P), who operated the Crushed Toast Co., made a written contract with Levy (D) for D to make and sell breadcrumbs to P. The agreement was for one year with automatic renewal and a six-month notice of termination by certified mail. D stopped breadcrumb 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.