Feld v. Henry S. Levy & Sons, Inc.
New York Court of Appeals
335 N.E.2d 320 (1975)
Relevant factsFree
A bread-baking wholesaler (defendant) agreed to sell Feld (plaintiff) all the bread crumbs it produced for one year, then stopped production mid-contract, claiming the process had become "very uneconomical" given its existing equipment, without taking any steps to acquire better equipment. Feld sued for breach and moved for summary judgment; the wholesaler cross-moved to dismiss. The trial court denied both motions, and the appellate court affirmed.
IssueFree
Whether an output contract for the sale of goods requires the seller to continue producing the goods through the contract term unconditionally, regardless of economic loss.