BRAMPTON TEXTILES, LTD. v. ARGENTI, INC.


162 A.D.2d 314 (1990)

Brampton Textiles, Ltd., Respondent, v. Argenti, Inc., Appellant

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

June 21, 1990


Plaintiff commenced this action to recover for defendant's breach of a contract for the sale of a quantity of fabric, which defendant refused to pay for on the ground that the fabric was defective. We find no error in the court's instruction to the jury that two documents signed by the parties, which disclaimed all warranties for "novelty fabrics", constituted the agreement of the parties, and that such other terms as were contained in defendant's purchase were not controlling...

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