SPONGE R. PROD. CO. v. PUROFIED DOWN PROD. CORP.


281 A.D. 380 (1953)

Sponge Rubber Products Company, Appellant, v. Purofied down Products Corporation, Respondent

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

March 17, 1953.


Attorney(s) appearing for the Case

Robert J. Blum for appellant.

Aaron Edward Nowack of counsel (Jesse L. Goldberg, attorney), for respondent.

PECK, P. J., CALLAHAN, VAN VOORHIS and BERGAN, JJ., concur.


DORE, J.

Plaintiff appeals from so much of a judgment in its favor as fails to award a verdict for $28,676.04 instead of the sum allowed by the jury, viz., $24,554.04.

Defendant, buyer, on July 18, 1950, placed an order with plaintiff, seller, for 25,000 foam rubber units at $3.25 each, but that order by its express terms required delivery of from 3,000 to 4,000 units per week. The rate of delivery of...

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