TREE PLATEAU CO. v. MT. VERNON MILLS


22 A.D.2d 587 (1965)

Tree Plateau Co., Inc., Respondent, v. Mount Vernon Mills, Inc., Appellant

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

March 30, 1965.


Attorney(s) appearing for the Case

Samuel J. Murray of counsel (John K. Watson and Jon H. Hammer with him on the brief); McKenzie & Watson, attorneys), for appellant.

Robert G. Desmond of counsel (Hawkins, Delafield & Wood, attorneys), for respondent.

RABIN, J. P., VALENTE, STEVENS and EAGER, JJ., concur in Per Curiam opinion; STEUER, J., dissents in opinion.


Per Curiam.

In the Summer of 1960, defendant sold certain cotton duck fabric to Hession Textile Company (hereinafter "Hession") under written contracts. The fabric was to be invoiced when ready for delivery, and if delivery was not taken immediately, the fabric was to be held by defendant in its warehouse for the account of Hession until delivery was requested. Plaintiff, late in 1960 and early in 1961, purchased the...

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