Unit Vending Corp. v. Lacas

Opinion by

Mr. Justice Eagen,

This is an action for an alleged breach of contract. The issue was tried below before a judge without a jury, and an award entered in the plaintiff’s favor for the full amount claimed. The court en banc awarded a new trial from which order plaintiff appeals.

The plaintiff, Unit Tending Corporation (Unit), is engaged in the business of selling cigarettes through distributing cigarette machines in the City of Philadelphia. On July 7, 1959, it entered into a written contract with one Kole Soter, then the proprietor of a diner, giving Unit the exclusive right to sell…