Legal Opinion · Dissent

In re the Arbitration between Garett Corp. & Frank Ix & Sons New York Corp.

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

Decided November 17, 1959Published

1Dissent

Breitel, J. P.

(dissenting). Between August 1, 1957 and September 10, 1957, the seller Ix, in 25 different shipments, delivered over 100,000 yards of textiles to Vulcan, the designated processor of the buyer, Garrett. The buyer now denies a sale or a written agreement to arbitrate. No contract for the sale or agreement to arbitrate was ever signed.

Before the shipments had been made, four contract forms had been sent in early July to the buyer and had been returned by the buyer’s purchasing agent with a suggestion that the price terms should be reduced. The contracts aggregated about 785,000…

2Cases cited7 opinions

Matter of CaseNew York Court of Appeals · 1915
Murrary v. . Cunard Steamship Co.New York Court of Appeals · 1923
In re the Arbitration between Helen Whiting, Inc. & Trojan Textile Corp.New York Court of Appeals · 1954
Newburger v. American Surety Co.New York Court of Appeals · 1926
In re Exeter Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1938

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