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WILSON TRADING CORP. v. FERGUSON, LTD.

23 N.Y.2d 398 (1968)

Wilson Trading Corporation, Respondent, v. David Ferguson, Ltd., Appellant.

Court of Appeals of the State of New York.

Decided December 12, 1968.

Attorney(s) appearing for the Case

Albert Lyons and Ruben Schwartz for appellant.

Walter A. Bobrow for respondent.

Judges BURKE, SCILEPPI, BERGAN, KEATING and BREITEL concur with Judge JASEN; Chief Judge FULD concurs in result in a separate opinion.

JASEN, J.

The plaintiff, Wilson Trading Corporation, entered into a contract with the defendant, David Ferguson, Ltd., for the sale of a specified quantity of yarn. After the yarn was delivered, cut and knitted into sweaters, the finished product was washed. It was during this washing that it was discovered that the color of the yarn had "shaded" — that is, ...

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