CRANESVILLE BLOCK CO., INC. v. GOODYEAR TIRE & RUBBER CO.


208 A.D.2d 1157 (1994)

617 N.Y.S.2d 951

Cranesville Block Company, Inc., Respondent, v. Goodyear Tire & Rubber Company, Appellant

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

October 27, 1994


Yesawich Jr., J.

In April 1992, plaintiff and defendant entered into an agreement, by the terms of which defendant was to supply plaintiff's tire needs for its fleet of trucks and other heavy equipment for one year, at a price that was "not to exceed $60,000". The letter agreement, drafted by John Tesiero, plaintiff's operations manager, and signed by representatives of both parties, provided that payments were to be made "on a three month dating term...

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