Jules Levy & Bro. v. A. Mautz & Co.

This action was brought by the corporation plaintiff to recover the sum of $329.93 as damages against the corporation defendant for the breach of a contract, wherein the defendant agreed to purchase from Jules Levy and Max Levy, copartners, doing business under the firm name of Jules Levy & Bro., and their successors or assigns, goods and merchandise such as Jules Levy & Bro. dealt in to the minimum amount of $4,000 a year, yearly, for a period of five years beginning August 1, 1905. It was further stipulated in the contract sued on that if the defendant failed in any of the yearly periods specified therein, beginning with August 1st of any one year and ending July 31st of the’next year, to purchase from Jules Levy & Bro. merchandise to the full amount of $4,000, the defendant was to pay to them, at the end of such yearly periods, twenty-five per cent of the difference between the value of the goods actually purchased in any one year and the sum of $4,000.

The copartnership of Jules Levy & Bro., its successors and assigns, by the further terms of the contract, were obligated to sell to the defendant, for cash or such terms as might be from time to time agreed to by the parties to…