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NAT'L HOME PROD. CO. v. UNION CAR. & CAR. CORP.

281 A.D. 604 (1953)

National Home Products Co., Inc., Respondent, v. Union Carbide and Carbon Corporation, Appellant

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

May 12, 1953.

Attorney(s) appearing for the Case

James A. Fowler, Jr., of counsel (Asa D. Sokolow with him on the brief; Cahill, Gordon, Zachry & Reindel, attorneys), for appellant.

Robert O. Kleefeld of counsel (Richard H. Netter with him on the brief; Netter & Netter, attorneys), for respondent.

PECK, P. J., and VAN VOORHIS, J., concur; COHN and BREITEL, JJ., dissent and vote to affirm.

CALLAHAN, J.

The plaintiff buyer brings this action to recover damages for nondelivery of goods contracted to be sold by the defendant.

In September, 1947, the parties entered into three written contracts for the sale of chemicals by the defendant to the plaintiff. It was agreed that deliveries were to commence in the future, when the defendant seller had additional facilities available for manufacturing...

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