Processed Minerals, Inc. v. AMF Tuboscope, Inc.

Order unanimously reversed, on the law, with costs, and motion denied. Memorandum: Since there are several questions of fact which can be resolved only at trial, it was improper to grant plaintiff summary judgment on the issue of liability. It cannot be determined on this record whether the shipments of garnet from plaintiff to defendant were made pursuant to the written purchase and sale agreement between the parties, or pursuant to a separate oral agreement under which defendant was to test garnet of varying specifications before the written contract became effective. The record can be…