C. ITOH & CO. (AM.) INC. v. F. W. HONERKAMP CO., INC.


99 A.D.2d 417 (1984)

C. Itoh & Co. (America) Inc., Respondent, v. F. W. Honerkamp Co., Inc., Appellant

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

January 5, 1984


Plaintiff instituted this action to recover the balance due for plywood paneling sold and delivered by it to defendant. Defendant claims that some of the paneling was defective; that it requested plaintiff to remove the defective goods; but that plaintiff's salesman, Greenbaum, asked it to retain the goods, sell them as lower grade material, and take a 50% discount from the invoice price. Plaintiff contends that defendant was to pay 50% on account, with the balance to be...

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