CLARENCE D. DAVIS, INC. v. SAMUEL ADLER, INC.


30 A.D.2d 596 (1968)

Clarence D. Davis, Inc., Appellant, v. Samuel Adler, Inc., Respondent

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

May 20, 1968


GIBSON, P. J.

The product in question was one of several lots constituting defendant's stock of cheese in storage at a warehouse, sold by defendant to plaintiff on November 30, 1949; it being agreed that the cheese would be withdrawn during the month of December, 1949, to be paid for as withdrawn, and payment for any cheese remaining in storage at the end of that month to become due at that time. Plaintiff asserted that prior to the purchase it had inspected...

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