VERMONT MORGAN CORP. v. RINGER ENTERS., INC.


92 A.D.2d 1020 (1983)

Vermont Morgan Corporation, Appellant, v. Ringer Enterprises, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Third Department.

March 10, 1983


Plaintiff, a gasoline wholesaler, brought this action against defendant, a retail dealer, to recover $4,746.05 alleged to be the balance due for gasoline delivered on March 26 and April 25, 1981. The complaint alleges an account stated and conversion. The defense alleges that the purchases were made under a five-year-old open-price-term contract, as defined in section 2-305 of the Uniform Commercial Code, requiring the price to be reasonable, and that the price charged was...

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