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LANDIS MACH. CO. v. HYDRONIC FABRICATIONS, INC.

41 A.D.2d 607 (1973)

Landis Machine Company, Respondent, v. Hydronic Fabrications, Inc., Appellant

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

February 1, 1973

Although liability is clear (see Hicks v. Bush, 10 N.Y.2d 488, 491; Fadex Foreign Trading Corp. v. Crown Steel Corp., 297 N.Y. 903, affg. 272 App. Div. 273), there is no warrant in the record for the awarding of the specific amount of damages, the written agreement is silent as to cancellation charges and the claimed amount or extent of the damages incident to the unwarranted cancellation having been challenged, a valid factual...

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