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Contracts Keyed to Summers
Feld v. Henry S. Levy & Sons, Inc.
Citation:37 N.Y.2d 466, 335 N.E.2d 320
Feld (plaintiff) operated a business known as the Crushed Toast Company. Henry S. Levy & Sons, Inc. (“Henry”) (defendant) was engaged in the wholesale bread baking business. Feld and Henry entered into a written contract, under which Henry agreed to sell and Feld agreed to purchase breadcrumbs. Either party had the right to cancel by giving at least six months’ notice to the other party by certified mail. Henry delivered over 250 tons of breadcrumbs to Feld, but later stopped breadcrumb production. Henry had realized that the breadcrumb operation was “very uneconomical” for its business. Henry cancelled the contract without sending a notice of cancellation. Feld sued Henry for breach of contract. Henry argued that the contract did not require it to manufacture breadcrumbs, but only to sell those that it did.
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