PENNSON INT'L CORP. v. ORE TRADING CORP.


286 A.D. 1075 (1955)

Pennson International Corporation, Respondent, v. Ore Trading Corporation, Appellant, et al., Defendant Isaac Philipp, Appellant, v. Pennson International Corporation, Respondent

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

November 1, 1955.


The quality of the iron ore as actually delivered in Europe by the seller under the contract between the parties, and the complex course followed by the parties in determining its conformity with the specifications of the contract, controverted as it is at almost every step of the way, precludes all reasonable possibility of a summary determination of the actions upon affidavits or documents. A plenary trial is required.

Judgment and order granting summary judgment...

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