MULLIGAN v. CHARLES HARDY, INC.


278 A.D. 758 (1951)

Joseph H. Mulligan, Doing Business under the Name of New England Chemical & Paint Company, Respondent, v. Charles Hardy, Inc., Appellant

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

April 24, 1951.


Per Curiam.

The contract for the sale of sodium sulphide at a price of $3.45 per hundred pounds contemplated immediate delivery. Plaintiff resold the entire order to its customer Manufacturers Chemical Company, and stood to make a profit of approximately $120 on the transaction. Shortly after the agreement was entered into, plaintiff was put on notice that the seller might not be able to perform its obligations under the contract. From the correspondence between...

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