Cereal Products, Inc. v. Greater New York Industries, Inc.

In an action to recover damages for breach of a contract which, in effect, provided for the sale by the respondent and the purchase by appellant of ground manioc root, judgment in favor of respondent, entered on the verdict of a jury, reversed on the law and the facts and a new trial granted, with costs to appellant to abide the event. The trial court correctly determined that the contract between appellant and respondent was not void for lack of mutuality. Paragraph 6 of the contract, which excused performance by respondent unless respondent should receive the manioc root from its supplier,…