FERROXCUBE CORP. v. DONOVAN DESIGN ASSOCS., INC.


48 A.D.2d 980 (1975)

Ferroxcube Corporation, Appellant, v. Donovan Design Associates, Inc., Respondent

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

June 26, 1975


Plaintiff and defendant entered into a contract whereby the defendant was to manufacture a certain machine composed of 11 sections and the plaintiff was to purchase such machine. The machine was built and plaintiff made certain payments, but did not make final payment. The plaintiff sued for a recovery of the amounts paid upon the theory that defendant had breached the contract and the defendant counterclaimed for the balance of the contract purchase price and also for damages...

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