Legal Opinion
Created Gemstones, Inc. v. Union Carbide Corp.
New York Court of Appeals
Decided June 7, 1979PublishedCited by 56 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
We hold that summary judgment may not be granted on *253a seller’s counterclaim for goods sold and delivered where there are unresolved factual issues, in the buyer’s action for damages, concerning whether the seller breached the underlying contract of sale.
In March, 1972, the parties entered into a written contract whereby plaintiff, Created Gemstones, was appointed distributor of defendant Union Carbide’s synthetic gems. Plaintiff agreed to buy and defendant undertook to sell a minimum of $400,000 worth of the gems each year for a period of 10 years. The…
2Cases cited9 opinions
- American Electric Power Co. v. Westinghouse Electric Corp.District Court, S.D. New York · 1976
- Wester v. . Casein Co. of AmericaNew York Court of Appeals · 1912
- Pease & Elliman, Inc. v. 926 Park Avenue Corp.Appellate Division of the Supreme Court of the State of New York · 1965
- Peuser v. . MarshNew York Court of Appeals · 1916
- Illinois McGraw Electric Co. v. John J. Walters, Inc.New York Court of Appeals · 1959
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3Cited by56 opinions
- Computer Strategies, Inc. v. Commodore Business Machines, Inc.Appellate Division of the Supreme Court of the State of New York · 1984
- Panda Capital Corp. v. Kopo International, Inc.Appellate Division of the Supreme Court of the State of New York · 1997
- CT Chemicals (U.S.A.) Inc. v. Vinmar Impex, Inc.New York Court of Appeals · 1993
- Best Payphones, Inc. v. Manhattan Telecommunications Corp.District Court, S.D. New York · 2010
- J. R. Stevenson Corp. v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1985
51 more not listed; retrieve them via the Exa API.