MATTER OF RIVER BR. RICE MILLS v. LATROBE B. CO.


280 A.D. 247 (1952)

In the Matter of River Brand Rice Mills, Inc., Appellant, v. Latrobe Brewing Company, Respondent

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

June 3, 1952.


Attorney(s) appearing for the Case

Milton Pollack of counsel (Irving K. Rubin on the brief), for appellant.

Maurice Smith for respondent.

COHN and HEFFERNAN, JJ., concur with PECK, P. J.; VAN VOORHIS, J., dissents and votes to affirm in opinion in which SHIENTAG, J., concurs.


PECK, P. J.

Petitioner was the seller and respondent the buyer under a contract containing the following provision for the determination of any controversy which might arise between them: "Any controversy or claim arising out of or relating to this contract or the breach thereof, shall be settled by arbitration * * *. Any demand for arbitration must be made within five days after tender."

A controversy arose, respondent claiming a breach of warranty...

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