Olinkraft, Inc. v. Fairbairn Lumber Corp.

Appeal from an order of the County Court of Delaware County, entered June 8, 1979, which denied plaintiff’s motion for summary judgment. The plaintiff corporation is in the business of manufacturing and selling paper containers. Alleging an oral contract with the defendant, it seeks to recover the purchase price of a quantity of merchandise it delivered to the defendant. The defendant concedes the placement of an order by telephone but maintains that the order was placed upon the express condition that delivery was to be accomplished by June 25, 1977. Inasmuch as the merchandise was not…