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GULF CHEM. CORP. v. SYLVAN CHEM. CORP.

126 N.J. Super. 261 (1973)

314 A.2d 73

GULF CHEMICAL AND METALLURGICAL CORPORATION, A TEXAS CORPORATION, PLAINTIFF-APPELLANT, v. SYLVAN CHEMICAL CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 19, 1973.

Attorney(s) appearing for the Case

Messrs. Riker, Danzig, Scherer & Brown, attorneys for appellant (Mr. Peter N. Perretti, Jr., of counsel; Mr. William C. Dodd, on the brief).

Mr. Francis B. Rusch, attorney for respondent.

Before Judges HALPERN, MATTHEWS and BISCHOFF.

PER CURIAM.

Plaintiff, a Texas corporation, agreed to sell to defendant, a New Jersey corporation, 70,000 pounds of cupric oxide to be shipped in three equal shipments, at a price of 42 cents per pound F.O.B. Texas, net payment to be made in ten days. Defendant sent three purchase orders. The first, dated January 28, 1971, requested shipment of 24,000 pounds immediately; the second requested shipment during the week of February 22, 1971, and the last called for shipment...

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