TRAFALGAR SQUARE v. REEVES BROS.


35 A.D.2d 194 (1970)

Trafalgar Square, Ltd., Respondent, v. Reeves Brothers, Inc., Appellant

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

November 5, 1970.


Attorney(s) appearing for the Case

James C. Slaughter of counsel (Melvin Beinart with him on the brief; Hahn, Hessen, Margolis & Ryan, attorneys), for appellant.

Martin S. Wagner of counsel (Jacobs Persinger & Parker, attorneys), for respondent.

STEVENS, P. J., McGIVERN and STEUER, JJ., concur.


CAPOZZOLI, J.

During October and November, 1967, Trafalgar Square, Ltd., petitioner-respondent, orally ordered goods from Abaco Fabrics Corp., later merged into Reeves Brothers, Inc., respondent-appellant. Following the five oral orders, each was evidenced by a written contract with its own number.

In accordance with the custom and usage prevalent in the textile industry all of these contracts were sent...

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