SUZUKI MUSICAL INSTRUMENT CORP. v. CCA DISTRIBS., INC.


156 A.D.2d 208 (1989)

Suzuki Musical Instrument Corp., Respondent, v. CCA Distributors, Inc., Also Known as CCA Distributing Corp., Appellant

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

December 12, 1989


In January 1988, defendant sent plaintiff a purchase order for 200 guitars and other items which plaintiff agreed to ship in two installments. When more than 30 days elapsed from the date of the first shipment without any payment, plaintiff determined defendant had breached its contract, sold the unshipped goods on a salvage basis and commenced action for the price of goods sold by it to defendant. After issue was joined, plaintiff successfully moved for summary judgment...

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