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JAMES TALCOTT, INC., v. WINCO SALES CORP.

14 N.Y.2d 227 (1964)

James Talcott, Inc., Respondent, v. Winco Sales Corporation, Appellant.

Court of Appeals of the State of New York.

Decided May 7, 1964.

Attorney(s) appearing for the Case

Augustin J. San Filippo and Gordon I. Novod for appellant.

Francis J. Ryan, Jr., and Warren M. Weitzman for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and BERGAN concur.

SCILEPPI, J.

Winco Sales Corporation (herein called Winco) was a distributor and jobber of goods. C & H Air Conditioning Fan Co., Inc. (herein called C & H) was a manufacturer of electric fans. In the Summer of 1955 Winco was engaged in selling a quantity of electric fans which it had purchased from C & H to Klein Department Stores, Inc. (herein called Klein's). Some time thereafter C & H, desiring...

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