Kandell v. American Beverage Corp.

On plaintiff’s appeal, order setting aside verdict in favor of plaintiff and granting a new trial unanimously affirmed, with costs. Defendant’s cross-appeal from order denying its motion to dismiss the complaint dismissed, without costs. Defendant, a manufacturer of beverages, entered into a contract with plaintiff as a distributor. On plaintiff’s own testimony and that of defendant’s sales manager, which was uneontradieted, plaintiff breached a material term of the contract by selling goods delivered to him for free distribution for advertising and sales promotion purposes, and retaining the…