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  5. 41 N.Y.2d 972 (1977)
 

KLEINSCHMIDT DIV. OF SCM CORP. v. FUTURONICS CORP.

41 N.Y.2d 972 (1977)

Kleinschmidt Division of SCM Corporation, Respondent, v. Futuronics Corporation, Appellant.

Court of Appeals of the State of New York.

Decided April 5, 1977.

Attorney(s) appearing for the Case

Allan J. Kirschner and Herbert Robinson for appellant.

Jacob Imberman and Jeffrey A. Mishkin for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and WACHTLER concur in memorandum; Judge FUCHSBERG concurs in result in a separate opinion in which Judge COOKE concurs.

MEMORANDUM.

In this case, there is evidence from which the trial court could have inferred agreement with respect to Lots II and III. There were, of course, the various serious communications, arguably reading as if the parties had reached firm agreement on many things. Futuronics urged, especially on oral argument, that Kleinschmidt's shipment, for "first unit testing", of several units comprised in Lots II and III was...

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