MUNSON v. NEW YORK SEED IMPROVEMENT COOP., INC.


102 A.D.2d 905 (1984)

Philip H. Munson, Jr., Doing Business as Munson Farms, Appellant, v. New York Seed Improvement Cooperative, Inc., Respondent

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

June 7, 1984


¶ This action arose out of defendant's failure to deliver to plaintiff in the spring of 1982, pursuant to a written agreement dated July 14, 1981, 25,000 pounds of "foundation redkloud red kidney bean seed" ("foundation seed") on a pro rata share of the available "foundation seed" due to plaintiff as a result of his membership in the defendant cooperative. Accompanying plaintiff's order was a $5,000 deposit. When planted, "foundation seed" produces "registered seed"...

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