Legal Opinion

In re the Arbitration between Spectrum Fabrics Corp. & Main Street Fashions, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided April 12, 1955PublishedCited by 57 opinions

1Opinion of the CourtRabin, J.

The petitioner agreed to sell to respondent and respondent agreed to buy 5,000 yards of fabric of a pattern designated as “ Scottie ”. Most of the goods ordered were delivered. A dispute has arisen between the parties, the buyer claiming that the seller failed to restrict that pattern to it *712exclusively as, it alleges, the seller was bound to do under its agreement. The seller denies that under the contract between the parties it was under any obligation to do so. It is that dispute which the buyer seeks to arbitrate under the arbitration clause that both parties agree is contained in the…

2Cases cited2 opinions

  1. Matter of Lipman (Haeuser Shellac Co.)New York Court of Appeals · 1942
  2. In Re the Arbitration Between International Association of MacHinists, District No. 15, Local No. 402, & Cutler-Hammer, Inc.New York Court of Appeals · 1947

3Cited by57 opinions

  1. Lummus Company v. Commonwealth Oil Refining Company, Inc., Lummus Company v. Honorable Archie O. DawsonCourt of Appeals for the Second Circuit · 1962
  2. Lentine v. FundaroNew York Court of Appeals · 1972
  3. In re the Arbitration between Paver & Wildfoerster & Catholic High School Ass'nNew York Court of Appeals · 1976
  4. Autoridad Sobre Hogares v. Tribunal Superior de Puerto RicoSupreme Court of Puerto Rico · 1961
  5. M.I.F. Securities Co. v. R. C. Stamm & Co.Appellate Division of the Supreme Court of the State of New York · 1983

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