METAALHANDEL v. HYMAN-MICHAELS CO.


6 A.D.2d 771 (1958)

N. V. Simons' Metaalhandel, Respondent, v. Hyman-Michaels Company, Appellant-Respondent, and Associated Metals & Minerals Corp. of New York et al., Appellants-Respondents

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

June 10, 1958


Per Curiam.

In this action by plaintiff against defendant Hyman-Michaels Company for breach of contract for failure to deliver steel, summary judgment has been granted in favor of plaintiff.

We are of opinion that triable issues exist in the dispute between the parties arising over the purported breach of contract. One of those issues is whether the parties had actually reached an agreement on the precise steel...

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