MITCHELL METAL & MINERAL CORP. v. CHAS. PFIZER & CO., INC.


37 A.D.2d 513 (1971)

Mitchell Metal & Mineral Corp., Appellant, v. Chas. Pfizer & Co., Inc., Respondent

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

June 1, 1971


Appellant shall recover of respondent $50 costs and disbursements of this appeal. In this action to recover damages for the alleged breach of contract by the defendant in failing to make deliveries under a purchase order calling for 66,000 pounds of nickel strip to be delivered during June, July and August of 1969, the defendant pleads, as an affirmative defense, that performance of the contract by it was impracticable in that its failure to deliver resulted solely from defendant...

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