KLEARTONE TRANSPARENT PRODS. CO., INC. v. HERCULES, INC.


49 A.D.2d 909 (1975)

Kleartone Transparent Products Co., Inc., Appellant, v. Hercules, Inc., Respondent. (Action No. 1.) Hercules, Inc., Respondent, v. Kleartone Transparent Products Co., Inc., Appellant. (Action No. 2.)

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

October 14, 1975


Judgment affirmed, with costs.

The buyer sued to recover the cost of goods it allegedly returned to the seller because the goods did not meet the buyer's customer's needs. However, there was no credible evidence offered to support the buyer's assertion that it shipped more of these goods to the seller than the seller received and that the difference must have been lost in transit. Moreover, to the extent that the buyer's case rested upon a claim that the goods were...

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