PARK SQUARE LUMBER CORP. v. ROBERT METRICK CO., INC.


282 A.D. 775 (1953)

Park Square Lumber Corp., Respondent, v. Robert Metrick Company, Inc., Appellant, et al., Defendants

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

July 7, 1953.


As thus modified the judgment insofar as appeal is taken is unanimously affirmed, without costs.

Findings of fact inconsistent herewith are reversed. The evidence establishes that plaintiff delivered 67,357 feet of two and three-inch lumber in excess of the quantities contemplated by the contract; and that the average market price thereof was $112.50 a thousand. Except for one item of $103.20, which should be allowed to plaintiff, the one-inch materials are not in...

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