Legal Opinion
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
Decided June 15, 1976PublishedCited by 12 opinions
1Opinion of the CourtBirns, J.
Both parties to this appeal are merchants in the textile industry.
Beginning in April, 1974 they entered into a series of contracts for the purchase by respondent from appellant of substantial quantities of textured polyester yarn. In each instance, respondent placed an oral order with appellant for the yarn. A written order acknowledgment from appellant of the oral order followed and thereafter respondent sent its own form of a written and signed purchase order to appellant. The yarn specified or described was subsequently delivered to respondent.
In October, 1974 respondent asked for an…
2Cases cited5 opinions
- Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
- In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
- In re the Arbitration between Doughboy Industries Inc. & Pantasote Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Trafalgar Square, Ltd. v. Reeves Bros.Appellate Division of the Supreme Court of the State of New York · 1970
- Loudon Manufacturing, Inc. v. American & Efird Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1974
3Cited by12 opinions
- C. Itoh & Co. (America) Inc., a New York Corporation v. The Jordan International CompanyCourt of Appeals for the Seventh Circuit · 1977
- Chelsea Square Textiles, Inc., Kenneth Lazar, Lester Gribetz v. Bombay Dyeing and Manufacturing Company, Ltd.Court of Appeals for the Second Circuit · 1999
- Pervel Industries, Inc. v. T M Wallcovering, Inc.Court of Appeals for the Second Circuit · 1989
- Imptex International Corp. v. Lorprint Inc.District Court, S.D. New York · 1986
- Peters Fabrics, Inc. v. Jantzen, Inc.District Court, S.D. New York · 1984
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