AGRESS NUT & SEED CO. v. SARGISS


205 Misc. 57 (1953)

Agress Nut & Seed Co., Appellant, v. Issac G. Sargiss, Doing Business as Sar American Products Co., et al., Respondents.

Supreme Court, Appellate Term, Second Department.

December 23, 1953.


Attorney(s) appearing for the Case

Michael P. Bazell for appellant.

Frank H. Towsley for respondent.

WALSH, MURPHY and KLEINFELD, JJ., concur.


Per Curiam.

In view of plaintiff's claim that there was no available market for the goods in question at the agreed time and place of shipment, plaintiff was entitled to introduce evidence of the market price of equivalent merchandise obtainable elsewhere. It was error to exclude plaintiff's proof on that subject. In the absence of a foreign market where equivalent merchandise could be procured, plaintiff's damages...

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