From Casetext: Smarter Legal Research

Mead Johnson Company v. Waganfeld

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1956
1 A.D.2d 772 (N.Y. App. Div. 1956)

Opinion

January 31, 1956


Judgment unanimously affirmed, with costs. Upon the present record, the decision of the trial court that the defendant did not knowingly make sales that were in violation of plaintiff's fair trade contracts is not against the weight of the credible evidence. In affirming, however, we reverse finding of fact numbered four that "[a]ll sales made by defendant of products produced and/or distributed by plaintiff have been at wholesale". The trial court was justified in finding that sales had not been made at retail but clearly there was insufficient proof submitted by the defendant from which it could be found that all sales were made at wholesale. Settle order on notice.

Concur — Breitel, J.P., Bastow, Botein, Rabin and Bergan, JJ.


Summaries of

Mead Johnson Company v. Waganfeld

Appellate Division of the Supreme Court of New York, First Department
Jan 31, 1956
1 A.D.2d 772 (N.Y. App. Div. 1956)
Case details for

Mead Johnson Company v. Waganfeld

Case Details

Full title:MEAD JOHNSON COMPANY, Appellant, v. HARRY WAGANFELD, Doing Business as…

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Jan 31, 1956

Citations

1 A.D.2d 772 (N.Y. App. Div. 1956)