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Contracts Keyed to Kunz
Sun Printing & Publishing Ass’n v. Remington Paper & Power Co.
Citation:
139 N.E. 470 (N.Y. 1923)Facts
Sun Printing agreed to buy, and Remington Paper to sell, 1,000 tons of paper per month between September 1919 and December 1920. The price for the month of September, 1919 was to be $3.73 and 3/4 per 100 pounds and for October, November and December, 1919, the price to be charged was $4 per 100 pounds. For the balance of the term the two parties were to agree upon a price and the length of time for which that price would apply, but it could not exceed the price charged by the Canadian Export Paper Company. The two parties never came to an agreement on a new price or length of time and Sun Printing demanded delivery at the Canadian Export Paper Company price for every month of 1920. Remington Paper failed to deliver and Sun Printing is suing for the damages caused by this alleged breach.
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