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TINPLATE PURCH. CORP. v. TUTEUR & CO.

10 N.Y.2d 410 (1961)

Tinplate Purchasing Corporation, Appellant, v. Tuteur & Co., Inc., Respondent.

Court of Appeals of the State of New York.

Decided December 7, 1961.

Attorney(s) appearing for the Case

Howard A. Nenner and Eric A. Seiff for appellant.

David Sive for respondent.

Chief Judge DESMOND and Judges VAN VOORHIS, BURKE and FOSTER concur with Judge DYE; Judge FULD dissents in an opinion in which Judge FROESSEL concurs.

DYE, J.

The judgment under review has dismissed the plaintiff's complaint. The action is for recovery of damages sustained by plaintiff by reason of an alleged breach by the defendant of its agreements settling a dispute between the parties arising out of the sale of a quantity of tinplate in two separate lots which, under the terms of sale, were to be shipped to A...

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