SUTAIN, LTD. v. MONTGOMERY WARD


22 A.D.2d 607 (1965)

A. A. Sutain, Ltd., Appellant, v. Montgomery Ward & Company, Respondent

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

April 1, 1965.


Attorney(s) appearing for the Case

Alfred H. Adler of counsel (Joseph Goldberg with him on the brief; Adler & Adler, attorneys), for appellant.

John M. Johnston of counsel (Gerald L. Bader, Jr., with him on the brief; White & Case, attorneys), for respondent.

BREITEL, J. P., VALENTE, STEVENS and STEUER, JJ., concur.


EAGER, J.

This action was brought to recover for breach of alleged contract, made on or about April 12, 1960, whereby the defendant agreed to purchase from the plaintiff certain goods at an agreed price. The plaintiff alleges that it duly performed all the terms of the contract but that the defendant refused to accept delivery of the goods. A jury verdict was rendered in favor of plaintiff but the trial court...

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