Castle Coal & Oil Co. v. Frank's Fuel, Inc.

Order, Supreme Court, Bronx County, entered on May 24, 1974, to the extent appealed from, unanimously reversed, on the law, and plaintiff’s motion for partial summary judgment in the sum of $333,116.06, plus interest, granted. Appellant shall recover of respondent $40 costs and disbursements of this appeal. It is uncontested that plaintiff sold to defendant some 39,000 barrels of oil. The only dispute is as to the unit price. Plaintiff claims $506,-348.80 is due, while defendant contends it only owes $333,116.06. Defendant sent plaintiff a check in the lesser amount “ covering payment * * *…