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Contracts Keyed to Summers
Goodman v. Dicker
Citation:169 F.2d 684
Goodman (defendant-appellant) encouraged Dicker (plaintiff-appellee) to apply for a dealer franchise to sell radios from Emerson Radio and Phonograph Corporation (“Emerson”). Dicker submitted an application. Goodman informed Dicker that his application had been accepted; that the franchise would be granted, and that Dicker would receive an initial delivery of thirty to forty radios. Dicker prepared to do business under the franchise. He employed salesmen and solicited orders for radios. No radios were ever delivered, and Dicker was notified that his franchise would not be granted. Dicker sued Goodman for breach of contract. The court entered judgment for Dicker for $1,500 based on the $1,100 in money spent in preparation for the franchise and $350 in lost profits for the sale of the radios. Goodman appealed the damages award.
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