May Metropolitan Corp. v. May Oil Burner Corp.

Defendant has been granted judgment on the pleadings dismissing the complaint, and so we proceed to test for sufficiency the complaint and plaintiff’s bill of particulars. The action is for breach of contract. The first alleged cause of action grows out of the failure of the parties, in 1937, to conclude an agreement for the renewal for that year, of plaintiffs so-called “ franchise ” to deal in defendant’s products (oil burning heating equipment) in Brooklyn. At the time of the impasse between the parties in early 1937, plaintiff had served as such “ Dealer ” since early 1929, under eight…