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EMERALD PACK. v. HYGRADE FOOD PRODS.

23 Misc.2d 915 (1960)

Emerald Packing Corporation, Respondent, v. Hygrade Food Products Corporation, Appellant.

Supreme Court, Appellate Term, First Department.

April 7, 1960.

Attorney(s) appearing for the Case

Willkie Farr Gallagher Walton & FitzGibbon (Joseph M. Callahan, Mark F. Hughes and Warren G. MacKenzie of counsel), for appellant. Sahn, Shapiro & Epstein (Milton E. Sahn and Morris Shapiro of counsel), for respondent.

Concur — HOFSTADTER, J. P., STEUER and TILZER, JJ.

Per Curiam.

A contract for the sale of 27,362 pounds of United States choice steers provided that the weight of the goods when packed governed all sales and no allowance would be made for natural shrinkage. When the shipment arrived in New York from Omaha there was found to be a difference of 185 pounds in the actual weight as against the invoice weight. However, since this shortage was due to natural shrinkage and was within the contemplation of a contract...

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