Neuberg v. Avery F. Payne Co.

Plaintiff William D. Neuberg Co. (herein referred to as “ Neuberg ”) brought this action to recover damages for an alleged breach of contract against defendant Avery F. Payne Co., Inc. (herein referred to as “ Payne ”). On January 2, 1942, Payne had agreed to purchase from Neuberg 85,000 pounds of a chemical known as lithopone at a price of 10% cents per pound, to be delivered in February of that year. Payne had on the same day contracted to sell to the Mundex Trading Corporation (herein referred to as “ Mundex ”) 110,250 pounds of lithopone at 11% cents per pound for delivery about February…