Estate of Wilcox v. Dry Clime Lamp Corp.

Order unanimously affirmed with costs. Memorandum: David Wilcox, a salesman employed by defendant Dry Clime Lamp Corporation (Dry Clime), sold an industrial oven to Torrid Oven (Torrid). Dry Clime issued an invoice to Torrid in the amount of $64,317.72 covering that sale. After the oven was delivered, Torrid complained that it failed to perform as specified. Torrid paid Dry Clime $32,000 on account, but refused to pay the balance. Dry Clime accepted the $32,000 payment from Torrid and admits that it does not expect to receive any more funds from Torrid on that account. Dry Clime further…