HERCULES LAUNDRY MACH. CO., INC. v. BROOKLINE OIL BURNER CO., INC.


281 A.D. 807 (1953)

Hercules Laundry Machinery Co., Inc., Respondent, v. Brookline Oil Burner Co., Inc., Appellant

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

February 3, 1953.


Per Curiam.

The complaint in this action for the purchase price of a laundering machine is bottomed upon an order signed by the defendant but providing that it should not be binding on the plaintiff "until accepted by it in writing". The date of the order was July 13, 1950, and the uncontradicted testimony shows that on July 15, 1950, defendant advised plaintiff's salesman to hold up on the order. The salesman was not called to contradict this. While the order...

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