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CLARK OIL v. ARON & CO.

172 Misc.2d 552 (1997)

659 N.Y.S.2d 426

Clark Oil Trading Company, Plaintiff, v. J. Aron and Company, Defendant.

Supreme Court, New York County.

April 2, 1997

Attorney(s) appearing for the Case

Zane & Rudofsky, New York City (Edward Rudofsky and Eric S. Horowitz of counsel), for plaintiff. Strook Strook & Lavan, New York City (Melvin A. Brosterman and Edward P. Grosz of counsel), for defendant.

WILLIAM J. DAVIS, J.

The action arises out of a sale of 210,000 barrels of Algerian number two gasoil, sometimes referred to as home heating oil, in December 1989 for delivery in January 1990. The parties agreed to a fixed price of $.9770 per gallon during this period of severe cold temperature. Soon thereafter there was a precipitous change in the weather and the demand for heating oil dropped as did the price...

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