OLINKRAFT, INC. v. FAIRBAIRN LUMBER CORP.


76 A.D.2d 956 (1980)

Olinkraft, Inc., Appellant, v. Fairbairn Lumber Corp., Respondent

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

June 5, 1980


The plaintiff corporation is in the business of manufacturing and selling paper containers. Alleging an oral contract with the defendant, it seeks to recover the purchase price of a quantity of merchandise it delivered to the defendant. The defendant concedes the placement of an order by telephone but maintains that the order was placed upon the express condition that delivery was to be accomplished by June 25, 1977. Inasmuch as the merchandise was not delivered until mid...

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