Legal Opinion
Clark Oil Trading Co. v. J. Aron & Co.
New York Supreme Court
Decided April 2, 1997PublishedCited by 1 opinion
1Opinion of the Court
*554OPINION OF THE COURT
William J. Davis, J.
The action arises out of a sale of 210,000 barrels of Algerian number two gasoil, sometimes referred to as home heating oil, in December 1989 for delivery in January 1990. The parties agreed to a fixed price of $.9770 per gallon during this period of severe cold temperature. Soon thereafter there was a precipitous change in the weather and the demand for heating oil dropped as did the price. The plaintiff claims that defendant breached the contract by failing to timely deliver. Defendant claims timely delivery.
The parties have stipulated to undisputed…
2Cases cited22 opinions
- W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
- Dalton v. Educational Testing ServiceNew York Court of Appeals · 1995
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- First Commercial Bank v. Gotham Originals, Inc.New York Court of Appeals · 1985
- American-European Art Associates, Inc. v. Trend Galleries, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
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3Cited by1 opinion
- E & H Partners v. Broadway National BankDistrict Court, S.D. New York · 1998