M.A. GARMENTS v. APPAREL WINDS, INC.


13 A.D.3d 111 (2004)

786 N.Y.S.2d 50

M.A. GARMENTS, Respondent, v. APPAREL WINDS, INC., Appellant.

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

December 9, 2004.


The submitted evidence establishes that when the parties agreed upon the sale of the subject goods, the rate being charged was $27 per dozen; plaintiff's letter of acceptance, defendant's confirming purchase order, and plaintiff's invoices all quote that price. Defendant also showed that on December 24, 1996, it fully paid its obligation under that contract, amounting to $59,899 for 2,001 dozen garments at $27 per dozen, plus ocean freight costs of $5,872. There is no evidence...

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