Munson v. New York Seed Improvement Cooperative, Inc.

— Appeal from a judgment of the Supreme Court in favor of defendant, entered July 28, 1983 in Tompkins County, upon a directed verdict dismissing the complaint and awarding defendant damages on its counterclaim by the court at Trial Term (Bryant, J.), after the opening statements by counsel to the jury. H This action arose out of defendant’s failure to deliver to plaintiff in the spring of 1982, pursuant to a written agreement dated July 14,1981, 25,000 pounds of “foundation redkloud red kidney bean seed” (“foundation seed”) on a pro rata share of the available “foundation seed” due to…