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HOLGERSON v. SWAN LAKE POULTRY CO., INC.

30 A.D.2d 591 (1968)

Elmer Holgerson et al., Respondents, v. Swan Lake Poultry Company, Inc., Appellant

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

May 20, 1968

Per Curiam.

On September 30, 1966 the litigants entered into a contract whereby respondents agreed to raise and the appellant agreed to purchase 12,000 broiler chickens. On December 23, 1966 a fire destroyed 10,000 chickens on respondents' premises. The litigation hinges on when appellant was obligated to purchase the chickens. The third paragraph of the contract provided that appellant was to purchase the chickens...

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