CLARK OIL TRADING COMPANY v. J. ARON & COMPANY


256 A.D.2d 196 (1998)

683 N.Y.S.2d 12

CLARK OIL TRADING COMPANY, Appellant-Respondent, v. J. ARON & COMPANY, Respondent-Appellant.

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

Decided December 22, 1998.


This is a breach of contract action involving the sale and delivery of home heating oil. Defendant contracted to sell plaintiff 210,000 gallons to be delivered between January 10 and January 15, 1990. Timely delivery would occur upon defendant's vessel's tender of a notice of readiness. The contract provided that payment would be made either upon defendant's presentment of an invoice for the oil or under a letter of credit, prepared...

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