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Hilmor Sales Co. v. Helen Neushaefer Div. of Supronics Corp.

New York Supreme Court
6 UCC Rep. Serv. 325 (1969)


Facts

Hilmor Sales Co. (Hilmor) (plaintiff) contracted with Helen Neushaefer Div. of Supronics Corp. (Neushaefer) (defendant) for the sale of lipstick and nail polish. Neushaefer was selling the lipstick and nail polish at bargain prices. Neushaefer failed to deliver the lipstick and nail polish, and Hilmor sued Neushaefer. As a remedy, instead of money damages, Hilmor sought specific performance of the contract. This means Hilmor asked the court to force Neushaefer to deliver the requested lipstick and nail polish at the bargain price. Hilmor argued that specific performance was necessary because the contract price was so low, and no other seller offered the bargain price. Because Hilmor could not find lipstick and nail polish at a comparable price, Hilmor claimed that specific performance was necessary.

Rule of Law

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Issue

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Holding and Reasoning (Satz, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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