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MESABA SERV. & SUPPLY CO. v. R. FREEDMAN & SON, INC.

111 A.D.2d 985 (1985)

Mesaba Service & Supply Company, Respondent, v. R. Freedman & Son, Inc., Appellant

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

June 13, 1985

Yesawich, Jr., J.

In September and October of 1980, plaintiff sold scrap metal to defendant for $53,609.21. Shortly after the last delivery, defendant's purchasing agent sent a letter, dated November 13, 1980, to plaintiff which stated, in pertinent part:

"Enclosed is a summary of the amount owed to [plaintiff] at this time. "I am enclosing our check in the amount of $1,743.77, which covers the first two items on the list, lined through...

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