TOSHOKU AM., INC. v. RHODA LEE, INC.


212 A.D.2d 455 (1995)

622 N.Y.S.2d 943

Toshoku America, Inc., Respondent, v. Rhoda Lee, Inc., Appellant

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

February 23, 1995


The parties entered into an agreement settling a dispute regarding the late shipment of polyester jacquard prints pursuant to which the plaintiff agreed to take back unused goods it had shipped to defendant and to export them to a "non-USA destination." In addition, the plaintiff gave defendant a $26,000 credit against future business. The plaintiff then sold the goods to a foreign company for $98,912.25 and asked defendant to release the merchandise. Defendant refused to...

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