Appellate Division of the Supreme Court of the State of New York April 1, 1965 (A. A. Sutain, Ltd. v. Montgomery Ward & Co.)

Eager, J.

This action was brought to recover for breach of alleged contract, made on or about April 12, I960, whereby the defendant agreed to purchase from the plaintiff certain goods at an agreed price. The plaintiff alleges that it duly performed all the terms of the contract but that the defendant refused to accept delivery of the goods.