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Contracts Keyed to Calamari
Van Iderstine Co., Inc. v. Barnet Leather Co., Inc.
Facts
On August 12, 1920, the Plaintiff, Van Iderstine Co., Inc. (the "Plaintiff"), entered into a contract with the Defendant, Barnet Leather Co. (the "Defendant") to sell 15,000 vealskins for delivery at the "beginning of the week of August 16th". The Defendant's acceptance of the skins was contingent on approval by the Defendant's agent. A second contract was entered into by the parties on September 10, 1920 for the sale of 6,000 vealskins, delivery to be made in September. This delivery was also subject to the Defendant's agent's approval. On or about August 16, 1920, the Defendant's agent inspected 15,000 veal skins and justifiably rejected 3,500 of them. In October of 1920, the Plaintiff notified the Defendant it was ready to deliver 3,500 conforming skins. The Defendant, however, refused delivery. At around the same time, the Defendant's agent rejected all 6,000 of the skins covered by the September 10, 1920 contract. The Plaintiff brought suit and the jury sided with the Plaintiff.
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