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Contracts Keyed to Burton
Sun Printing & Publishing Ass’n v. Remington Paper & Power Co.
Citation:235 N.Y. 338, 139 N.E. 470 (1923)
The plaintiff agreed to buy 1,000 tons of paper per month from September 1919 through December 1920—16,000 tons in all. All terms, such as size and quality, were adequately described in the agreement, and payment was to be made the 20th of each month for all paper shipped the previous month. Between September and December of 1919, shipments were made and paid for as required by the contract. The time came for the parties to renegotiate price and duration of the agreement, and the defendant had already given notice of a desire to change some of the terms. In response, the plaintiff demanded that the price be set by an established standard, created by the Canadian Export Paper Company. Ultimately, the parties left two terms unsettled in mid-December 1919—the price to be paid and the length of time that price should govern.
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