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SIMON & SCHUSTER, INC. v. HOWE PLASTICS & CHEMS. CO., INC.

105 A.D.2d 604 (1984)

Simon & Schuster, Inc., Respondent, v. Howe Plastics & Chemicals Co., Inc., Appellant

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

November 8, 1984

Plaintiff, the publisher of the 1980 book entitled "Wind Power for Your Home", delivered a first installment of 100,000 copies to the defendant mail-order distributor, at a cost of $108,000, with the balance of 101,840 copies to be shipped the following month. In dispute here is payment for the balance shipment at a cost of $109,987.20, which defendant now contends was untimely delivered, some two and one-half months after originally...

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