FLICK LUMBER CO., INC. v. BRETON INDUS., INC.


223 A.D.2d 779 (1996)

636 N.Y.S.2d 169

Flick Lumber Company, Inc., Doing Business as Flick Packaging Company, Respondent, v. Breton Industries, Inc., et al., Appellants

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

January 4, 1996


White, J.

For the reasons that follow, we reverse Supreme Court's award of summary judgment to plaintiff on its breach of contract cause of action against defendant Breton Industries, Inc.

Plaintiff's complaint alleges that in January 1992, it entered into an agreement with Breton whereby plaintiff would extend credit to Breton to order plaintiff's products in exchange for Breton agreeing to pay the outstanding balances in 30 days. Thereafter...

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