The parties contracted for defendant to supply plaintiff with fabric which plaintiff broker then intended to resell to a third party at a profit. Defendant, however, allegedly became unable to perform because the contracted-for fabric was stolen from its warehouse, and this action for breach of contract ensued. On the instant motion, the court properly determined that plaintiff's recovery, if any, should be limited to the amount of its profit from the
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FRUITION, INC. v. RHODA LEE, INC.
1 A.D.3d 124 (2003)
766 N.Y.S.2d 437
FRUITION, INC., Appellant, v. RHODA LEE, INC., Respondent.
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
November 6, 2003.
November 6, 2003.
Appellate Division of the Supreme Court of the State of New York, First Department.
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