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I. J. S. FABRICS, INC. v. DAN RIVER, INC.

81 A.D.2d 525 (1981)

I. J. S. Fabrics, Inc., Respondent, v. Dan River, Inc., Appellant

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

April 16, 1981

Respondent Dan River, Inc. (River), demanded arbitration because of the failure of petitioner I. J. S. Fabrics, Inc. (Fabrics), to accept and pay for 400,000 yards of polyester fabric. On or about February 27, 1976, River mailed a contract to Fabrics. At trial, Fabrics' president, Irwin Sandler, testified that he did not initially sign the contract because it contained a particular warranty clause. Sandler further testified that on or about March 11, 1976, he had a telephone...

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