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Contracts Keyed to Dawson
Sun Printing & Publishing Ass’n v. Remington Paper & Power Co., Inc.
Citation:235 N.Y. 338, 139 N.E. 470.
Defendant agreed to sell plaintiff 1,000 tons of paper per month from September 1919 to December 1920. The parties agreed on the price for September, October, November, and December 1919. For the remainder of the contract, the parties agreed that “the price of the paper and length of terms for which such price shall apply shall be agreed upon by and between the parties hereto fifteen days prior to the expiration of each period… said price in no event to be higher than the contract price for news print charged by the Canadian Export Paper Co. to the large consumers…” Prior to December 15, 1919, the defendant gave notice to the plaintiff that the contract was imperfect and disclaimed any future obligations. The plaintiff took the position that price would be determined by the standard established in the written agreement (the Canadian Export Paper Co. price) and renewed its demand to defendant every month until the contract’s expiration.
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