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Contracts Keyed to Barnett
Sun Printing & Publishing Ass’n v. Remington Paper & Power Co.
Citation:
235 N.Y. 338, 139 N.E. 470 (N.Y. 1923)Facts
Sun Printing and Remington entered a contract in which Sun Printing would purchase 1,000 tons of paper per month over a set period of time at two different prices depending on the month.
The contract permitted the parties to reevaluate the price and duration that the new price would last at a set point. The contract governed that the new price could not be higher than the contract price for newsprint charged by the Canadian Export Paper Company.
When that point in time arrived, Remington gave notice that it would no longer deliver paper on grounds that the contract was imperfect. Sun Printing then unsuccessfully attempted to set a new price based on the Canadian Export Paper Company’s current rate, as provided for in the contract.
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