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Fox Sons v. King Poultry Co.

Court of Appeals of the State of New York
Jan 23, 1969
23 N.Y.2d 914 (N.Y. 1969)

Summary

holding that plaintiffs' damages should have been computed on the basis of gross profit, and not net-profit

Summary of this case from Shamrock Power Sales, LLC v. Scherer

Opinion

Argued January 6, 1969

Decided January 23, 1969

Appeal from the Appellate Division of the Supreme Court in the First Judicial Department, EMILIO NUNEZ, J.

Irwin N. Wilpon and Benjamin L. Lasky for appellants-respondents.

Monroe J. Winsten for respondents-appellants.



Order modified, without costs, by directing that judgment be entered after damages have been computed in accordance with the rule laid down in the dissenting opinion at the Appellate Division and, as so modified, affirmed.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, KEATING and JASEN. Taking no part: Judge BREITEL.


Summaries of

Fox Sons v. King Poultry Co.

Court of Appeals of the State of New York
Jan 23, 1969
23 N.Y.2d 914 (N.Y. 1969)

holding that plaintiffs' damages should have been computed on the basis of gross profit, and not net-profit

Summary of this case from Shamrock Power Sales, LLC v. Scherer
Case details for

Fox Sons v. King Poultry Co.

Case Details

Full title:DAVID FOX SONS, INC., et al., Respondents-Appellants, v. KING POULTRY CO.…

Court:Court of Appeals of the State of New York

Date published: Jan 23, 1969

Citations

23 N.Y.2d 914 (N.Y. 1969)
298 N.Y.S.2d 314
246 N.E.2d 166

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