Legal Opinion
Trafalgar Square, Ltd. v. Reeves Bros.
Appellate Division of the Supreme Court of the State of New York
Decided November 5, 1970PublishedCited by 12 opinions
1Opinion of the CourtCapozzoli, J.
During October and November, 1967, Trafalgar Square, Ltd., petitioner-respondent, orally ordered goods from Abaco Fabrics Corp., later merged into Beeves Brothers, Inc., respondent-appellant. Following the five oral orders, each was evidenced by a written contract with its own number.
In accordance with the custom and usage prevalent in the textile industry all of these contracts were sent by Abaco to petitioner, via certified mail, return receipt requested. Across the face of each of these contracts, in bold print, the following language appears:
‘1 IMPORTANT
‘ ‘ THIS CONTRACT IS SUBJECT TO ALL…
2Cases cited1 opinion
- In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
3Cited by12 opinions
- C. Itoh & Co. (America) Inc., a New York Corporation v. The Jordan International CompanyCourt of Appeals for the Seventh Circuit · 1977
- Pervel Industries, Inc. v. T M Wallcovering, Inc.Court of Appeals for the Second Circuit · 1989
- In Re the Arbitration Between John Thallon & Co. & M & N Meat Co.District Court, E.D. New York · 1975
- In re the Arbitration between Gaynor-Stafford Industries, Inc. & Mafco Textured Fibers, a Division of MacAndrews & Forbes Co.Appellate Division of the Supreme Court of the State of New York · 1976
- Pecker Iron Works, Inc. v. Sturdy Concrete Co.Civil Court of the City of New York · 1978
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