MATTER OF HELEN WHITING, INC.


283 A.D. 705 (1954)

In the Matter of the Arbitration between Helen Whiting, Inc., Appellant, and Trojan Textile Corp., Respondent

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

February 16, 1954.


Order affirmed, with $20 costs and disbursements to the respondent.

No opinion.

Dore and Cohn, JJ., dissent and vote to reverse in the following memorandum:

On the facts adduced, we think there was no enforcible written contract to arbitrate, no partial delivery, and that section 85 of the Personal Property Law applies. Accordingly we dissent and vote to reverse the order appealed from directing petitioner, buyer, to proceed to arbitration and denying...

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