WAKERMAN LEATHER CO., INC. v. IRVIN B. FOSTER SPORTSWEAR CO., INC.


34 A.D.2d 594 (1970)

Wakerman Leather Co., Inc., Respondent, v. Irvin B. Foster Sportswear Co., Inc., Appellant

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

March 9, 1970


MEMORANDUM BY THE COURT.

The instant litigation stems from a dispute over contractual commitments under which respondent was to supply appellant with a quantity of table run leather. The trial court found that respondent had performed and awarded judgment for the price to the respondent. Appellant's attack in effect centers on the trial court's findings that considering the usage and custom of the trade the leather was merchantable...

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