MONTEREY SPORTSWEAR CORP. v. CHARMA MILLS, INC.


43 A.D.2d 523 (1973)

Monterey Sportswear Corp., Respondent, v. Charma Mills, Inc., et al., Appellants, and Branch Motor Express Company, Defendant

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

November 8, 1973


Plaintiff refused delivery on the ground that it was late. The agreement of sale contained an arbitration clause. Pursuant to it the parties proceeded to arbitration, which resulted in an award to defendant of $10,206.12, plus the costs of arbitration, and directed defendant to deliver the goods. Plaintiff made the required payment. However, the delivery was not the full amount of the order. It is alleged that the value of the goods not delivered is $2,235.10. The first cause...

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