Metropolitan Broadcasting Corporation v. Mortimer C. Lebowitz

DANAHER, Circuit Judge.

The parties had entered into a television advertising contract, weekly performance of which commenced in March, 1958. With new management in control as of August 7, 1958, appellant gave notice of its intention to terminate the contract as of August 31, 1958. Appellees in the District Court unsuccessfully sought an injunction to prevent that cancellation. The appellant cancelled the contract, and appellees then sought damages for the breach. Appellant on brief here conceded that it had “improperly cancelled the contract and is liable for a breach,” but now attacks the…