BATTLE BRAND PRODS. v. CONS. EDISON


31 Misc.2d 181 (1961)

Battle Brand Products, Inc., Plaintiff, v. Consolidated Edison Company of New York, Inc., Defendant.

Supreme Court, Special Term, Kings County.

October 19, 1961


Attorney(s) appearing for the Case

Dorn & Smith for plaintiff. John M. Keegan for defendant.


LOUIS B. HELLER, J.

Plaintiff moves for summary judgment pursuant to rule 113 of the Rules of Civil Practice.

This is an action to recover damages for breach of warranty in the sale of molybdenum scrap consisting of valves and pipe by the defendant to the plaintiff. The agreement arose from an invitation by defendant to plaintiff to bid for the purchase of various items listed and described therein. Plaintiff offered a bid on three items of material...

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