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FORWARD INDUS., INC. v. ROLM OF NEW YORK CORP.

123 A.D.2d 374 (1986)

Forward Industries, Inc., Respondent, v. Rolm of New York Corporation, Appellant

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

September 22, 1986

Order affirmed, with costs.

The plaintiff, a mail-order company dependent upon telephone service for its sales, entered into an equipment purchase agreement with the defendant, wherein the defendant agreed to deliver and install new telephone equipment on the plaintiff's premises for the total purchase price of $90,038. The contract imposed an affirmative duty upon the defendant to "use its best efforts to complete the installation by May 18, 1984, which is...

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