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MATTER OF JOSEPHS

280 A.D. 326 (1952)

In the Matter of the Arbitration between Jacob Josephs et al., Copartners Trading under the Name of United Kimono Co., Respondents, and Pacific Mills, Appellant

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

June 18, 1952.

Attorney(s) appearing for the Case

Irving J. Seaver of counsel (Michael Feiring and Barney Bernstein with him on the brief; Feiring & Bernstein, attorneys), for appellant.

Mathias Naphtali for respondents.

DORE, COHN and CALLAHAN, JJ., concur.

PECK, P. J.

Petitioner as buyer and respondent as seller entered into a contract for the sale of a quantity of cloth at thirty-four cents a yard. The contract contained an arbitration clause. Shortly after the making of the contract in February, 1951, and prior to the time for delivery of the goods, an amendment to the General Ceiling Price Regulation effected a price ceiling on the subject of the sale at thirty-three and

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