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DURABLE, INC. v. TWIN COUNTY GROCERS CORP.

No. 91 Civ. 1500 (VLB).

839 F.Supp. 257 (1993)

DURABLE, INC. d/b/a and a/k/a Durable Aluminum, Plaintiff, v. TWIN COUNTY GROCERS CORP. d/b/a Alpine Distributors, Defendant.

United States District Court, S.D. New York.

December 15, 1993.

Attorney(s) appearing for the Case

Donald L. Sapir, White Plains, NY, Arnold & Kadjan Chicago, IL, for plaintiff.

Roger B. Kaplan, Wilentz, Goldman & Spitzer, New York, NY, for defendant.

MEMORANDUM ORDER

VINCENT L. BRODERICK, District Judge.

I

This case presents the question of the effect during contract negotiations between two sophisticated business entities of transmission by a party of a list of thirteen proposed points including the need for a "[f]irm offer in writing," and not containing a quantity term. I find that the requirement of a "firm offer in writing" prevents the writing of "Accepted" on such a paper from creating...

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