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LAMPORT CO., INC. v. FISHER BOOKBINDING CO., INC.

277 A.D. 870 (1950)

The Lamport Company, Inc., Appellant, v. Fisher Bookbinding Co., Inc., Respondent

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

June 27, 1950.

We are not required to rule whether the five-day limitation on making claims, contained in the contract between the parties, is binding and should be enforced in this action. Defendant's delay of fifty days in inspecting the goods and discovering defects which were apparent on examination was unreasonable and bars the defense based on such delayed inspection and discovery.

Determination of the Appellate Term and orders of...

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