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HAGGERTY LBR. v. THOMPSON-STARRETT

22 A.D.2d 509 (1965)

James A. Haggerty Lumber & Mill Work, Inc., Appellant, v. Thompson-Starrett Construction Company, Inc., Respondent

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

March 9, 1965.

Attorney(s) appearing for the Case

Francis X. Conway of counsel (Epstein & Conway, attorneys), for appellant.

Marvin S. Machson of counsel (Charles Korn, attorney), for respondent.

VALENTE, McNALLY and STEVENS, JJ., concur with STEUER, J.; RABIN, J. P., concurs in opinion.

STEUER, J.

The action is for the contract price of milled woodwork manufactured by plaintiff and delivered by it to defendant. No question of the delivery and receipt of this material is raised. The material was manufactured and delivered pursuant to 29 written orders which specified fixed prices. Defendant claims that the orders were hurriedly given and that there was no deliberate attention to the prices. Later...

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