Opinion · New York Court of Appeals

Farm Stores, Inc. v. School Feeding Corp.

53 N.Y.2d 910

Type
Opinion
Court
New York Court of Appeals
Jurisdiction
New York
Date
1981-05-12
Topic
commercial

How later courts describe this case

  • “[p]arol evidence, whether oral or written, is not admissible to vary or contradict the terms of a written contract clear on its face. The written agreement speaks for itself’

Citator

UpLaw has not yet analyzed Farm Stores, Inc. v. School Feeding Corp.. The absence of a flag is not a finding that it is good law.

Cited by
8 opinions

OPINION OF THE COURT

On summary consideration, order affirmed, with costs. We agree with the Appellate Division that plaintiff was entitled to recover a monthly service charge on the balance due and owing to plaintiff for goods sold and delivered in accordance with the express agreement of the parties. Furthermore, we cannot say that the court abused its discretion as a matter of law in permitting plaintiff to discontinue its second cause of action without prejudice.

*912 Concur: Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler, Fuchsberg and Meyer.