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SWISS-AMERICAN IMPORT. CO. v. VARIETY FOOD PROD. CO.

No. 33090.

436 S.W.2d 770 (1968)

SWISS-AMERICAN IMPORTING COMPANY, a Corporation, Plaintiff-Respondent, v. VARIETY FOOD PRODUCTS COMPANY, a Corporation, Defendant-Appellant.

St. Louis Court of Appeals, Missouri.

Motion for Rehearing or to Modify Denied January 23, 1969.

Attorney(s) appearing for the Case

Derrick & Holderle, and Tyree C. Derrick, St. Louis, and Moss Silverforb, Kansas City, for defendant-appellant.

Israel Treiman, Gary S. Heifetz, Shifrin, Treiman, Schermer & Susman, St. Louis, for plaintiff-respondent.

CLEMENS, Commissioner.

This suit is for injunction, accounting and damages arising from the asserted breach of an exclusive sales territory contract, brought by a jobber against a distributor. The plaintiff-jobber prevailed. The trial court restrained the defendant from continuing to sell certain food products to other jobbers in the plaintiff's territory and gave plaintiff $3,191.38 damages for lost profits. (The corporate plaintiff

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