CASTLE COAL & OIL CO., INC. v. FRANK'S FUEL, INC.


69 A.D.2d 795 (1979)

Castle Coal & Oil Co., Inc., Respondent, v. Frank's Fuel, Inc., Appellant

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

April 17, 1979


The controversy here in question arises out of the exchange of 58,000 barrels of No. 6 fuel oil. By letter agreement dated October 16, 1973, defendant agreed to deliver oil to plaintiff at "Metropolitan's terminal in Bayonne, New Jersey". Plaintiff agreed to return the oil to defendant during the last week in December, 1973, at Tappan Terminal in Hastings. The price to be paid by defendant was to be "EXXON New York harbor barge...

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