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MATTER OF POTTER CO. (MILES CORP.)

2 Misc.2d 515 (1956)

In the Matter of the Arbitration between John E. Potter Co., Ltd., Petitioner, and Miles Metal Corporation, Respondent.

Supreme Court, Special Term, New York County.

February 6, 1956.

Attorney(s) appearing for the Case

George J. Malinsky and Henry C. Caron for petitioner.

Telsey, Lowenthal, Rothenberg & Mason for respondent.

MATTHEW M. LEVY, J.

On May 13, 1955, the seller and the buyer signed a sales confirmation. The writing set forth the quantity, specifications and price, "FOB Japan"; "Delivery: July/August 1955 from Japan"; "L/C [letter of credit] to be opened three banking days after we [the seller] will indicate the cost of freight"; "shipment to Portugal will be effected by Seller for buyer's account and the rate will be...

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