Blue Bird, Inc. v. Consolidated Royal Chemical Corp.

Plaintiff entered into the contract with defendant Consolidated Royal Chemical Corporation in reliance on that defendant’s promise to use its best efforts to sell plaintiff’s products and to make monthly advances to plaintiff. Under the terms of the contract, the moneys which it owed to defendant were to be liquidated out of plaintiff’s share of profits which it was anticipated would result under the contract and its renewal at the expiration thereof. The breach of the contract by defendant prevented the liquidation of the latter’s indebtedness to plaintiff in the manner agreed upon in the…