MATTER OF KAYE KNITTING MILLS


37 A.D.2d 951 (1971)

In the Matter of the Arbitration between Kaye Knitting Mills, Appellant, and Prime Yarn Co., Inc., Respondent

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

November 23, 1971


Kaye Knitting Mills (Kaye) and Prime Yarn Co., Inc. (Prime) entered into negotiations for the purchase by Kaye, and sale by Prime, of a quantity of yarn. The contract, on Prime's form, dated June 10, 1968, provided for the sale of approximately 3,600 pounds at an agreed price. The face of the agreement stipulated the order "shall become a contract only when signed and delivered by the buyer to the seller [Prime] without material changes and accepted in writing by the Seller...

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