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T. W. Oil, Inc. v. Consolidated Edison Co.

443 N.E.2d 932 (1982)

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T. W. Oil, Inc. v. Consolidated Edison Co.

Court of Appeals of New York

443 N.E.2d 932 (1982)

Facts

T.W. Oil, Inc. (T.W.) (plaintiff) purchased a cargo of oil, the sulfur content of which was represented as no greater than 1%. While the shipment was en route, T.W. received a certificate from the refinery at which the oil been processed identifying the sulfur content as 0.52%. T.W. then entered into a contract with Consolidated Edison Co. (Edison) (defendant) for sale of the oil. The contract listed the sulfur content at 0.5%. T.W. also learned that Edison was authorized to use oil with a sulfur content of up to 1%. When the shipment arrived, testing revealed the sulfur content as 0.92%, and Edison rejected the shipment. When negotiations to adjust the price failed, T.W. offered to cure the defect with a conforming shipment, but Edison rejected the offer, and T.W. brought suit for breach of contract. Edison appealed a judgment for .T.W.

Rule of Law

Issue

Holding and Reasoning (Fuchsberg, J.)

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