SWEETHEART BABY NEEDS v. TEXILON CO.


8 Misc.2d 921 (1957)

Sweetheart Baby Needs, Inc., Plaintiff, v. Texilon Company, Inc., Defendant.

Supreme Court, Special Term, New York County.

August 12, 1957.


Attorney(s) appearing for the Case

Neil P. Cullom for plaintiff.

Marks & Marks for defendant.


SIDNEY A. FINE, J.

The defendant admits that the merchandise manufactured by it contained defective elastic but claims that it followed the specifications furnished by plaintiff. The written contract between the parties, contained in defendant's counteroffer of February 8, 1955, accepted in writing by plaintiff, specified that the quality of manufacture was to be "first class" and that the merchandise was to...

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