Hilmor Sales Co. v. Helen Neushaefer Div. of Supronics Corp.
New York Supreme Court
6 UCC Rep. Serv. 325 (1969)
Relevant factsFree
Hilmor (plaintiff) contracted to buy discounted lipstick and nail polish from Neushaefer (defendant), which failed to deliver the goods; Hilmor sued seeking specific performance rather than money damages, arguing the bargain price was so favorable and unmatched elsewhere that specific performance was necessary since it could not find comparable makeup at a similar price.
IssueFree
Whether specific performance is available under the Uniform Commercial Code only for unique goods.