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THALLON & CO. v. SNOWCREST PACKING CORP.

285 A.D. 122 (1954)

John Thallon & Co., Inc., Appellant, v. Snowcrest Packing Corp., Respondent

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

December 21, 1954.

Attorney(s) appearing for the Case

Myron Kommel of counsel (Kommel & Rogers, attorneys), for appellant.

John R. O'Reilly for respondent.

PECK, P. J., DORE and BASTOW, JJ., concur.

COHN, J.

The appeal is from a judgment in favor of defendant after trial without a jury. The action was instituted by a buyer against a seller for damages for failure to deliver merchandise.

On July 30, 1953, plaintiff, through a broker named E. J. Basso, placed with defendant an order for 1,000 tins of pure refined lard at $14.15 per hundredweight. Plaintiff had resold the lard to Puerto Rican customers...

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