CIVALE CORP. v. COLONIAL ALUMINUM SALES, INC.


165 A.D.2d 805 (1990)

Civale Corporation, Respondent, v. Colonial Aluminum Sales, Inc., Appellant

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

September 27, 1990


Plaintiff, a general contractor, orally agreed with defendant that defendant would furnish and install windows for a pending construction project. A purchase order was sent to the defendant subcontractor containing the agreed terms. Defendant never objected to the terms of the purchase order. Defendant's receipt of the purchase order is evinced by defendant's conduct in obtaining and delivering to plaintiff a certificate of insurance complying with the terms of the purchase...

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