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MATTER OF SPECTRUM FABRICS CORP. (MAIN ST. FASHIONS)

285 A.D. 710 (1955)

In the Matter of the Arbitration between Spectrum Fabrics Corporation, Appellant, and Main Street Fashions, Inc., Respondent

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

April 12, 1955.

Attorney(s) appearing for the Case

Bernard A. Saslow of counsel (Harold A. Axel with him on the brief; Lynton & Saslow, attorneys), for appellant.

Robert W. Adler of counsel (Ruben Schwartz, attorney), for respondent.

PECK, P. J., BREITEL and BOTEIN, JJ., concur with RABIN, J.; CALLAHAN, J., dissents and votes to reverse, in opinion.

RABIN, J.

The petitioner agreed to sell to respondent and respondent agreed to buy 5,000 yards of fabric of a pattern designated as "Scottie". Most of the goods ordered were delivered. A dispute has arisen between the parties, the buyer claiming that the seller failed to restrict that pattern to it exclusively as, it alleges, the seller was bound to do under its agreement...

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