HICKS HOMES, INC. v. RUBIN


31 A.D.2d 746 (1969)

Hicks Homes, Inc., Respondent, v. Lester Rubin et al., Doing Business under the name of Elar Lumber Co., Appellants

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

January 13, 1969


In this action to recover damages for breach of a contract for the sale of lumber, plaintiff proved a contract whereunder defendants had promised to deliver to plaintiff, at agreed prices, lumber of specified dimensions and quantities. Plaintiff had the right to determine when deliveries were to be made. After several deliveries, defendants demanded that plaintiff accept and concurrently pay for daily deliveries of lumber, stating that otherwise defendants would consider...

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