Plus Promotions, Inc. v. RCA Mfg. Co., Inc.

RIFKIND, District Judge.

The first cause of action fails to state a claim upon which relief can be granted. The promise alleged is too indefinite for enforcement. It is not quite clear whether, as plaintiff contends, the complaint alleges a promise by defendant to appoint plaintiffs its agents and exclusive licensees or whether, as defendant contends, it alleges a promise to sell musical records to plaintiffs “for resale” to their customers. If the former is intended, the promise lacks a provision for compensation. If the latter is intended, no price is specified. A promise so uncertain cannot…