Mitchell Metal & Mineral Corp. v. Chas. Pfizer & Co.

Order, Supreme Court, New York County, entered on October 29,1970, denying plaintiff’s motion for summary judgment and granting the defendant’s cross motion for summary judgment unanimously modified, on the law, so as to deny defendant’s cross motion for summary judgment and, as thus modified, the order is affirmed. Appellant shall recover of respondent $50 costs and disbursements of this appeal. In this action to recover damages for the alleged breach of contract by the defendant in failing to make deliveries under a purchase order calling for 66,000 pounds of nickel strip to be delivered…