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NORTH AM. WINES CORP. v. GUILD

283 A.D. 693 (1954)

North American Wines Corporation, Respondent, v. Wine Growers Guild, Appellant

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

February 2, 1954.

The obligation of defendant to deliver wine to plaintiff was left by the written instrument subject to agreement to be mutually reached as to price on each of plaintiff's orders. The third cause of action, based on nonperformance, does not plead that the parties had reached an accord on price and it is argued by plaintiff that such an accord is to be implied from a mere pleading of "non-performance of the contract" and in any event...

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