T. W. Oil, Inc. v. Consolidated Edison Co.
Court of Appeals of New York
443 N.E.2d 932 (1982)
Relevant factsFree
T.W. Oil (plaintiff) contracted to sell Consolidated Edison (defendant) oil represented at 0.5% sulfur content based on a refinery certificate showing 0.52%, and was separately aware Edison was authorized to burn oil up to 1% sulfur; when the actual shipment tested at 0.92% sulfur, Edison rejected it, price-adjustment negotiations failed, and T.W. offered a substitute conforming shipment, which Edison also rejected. T.W. sued for breach, won at trial, and Edison appealed.
IssueFree
Whether a seller who, acting in good faith and without knowledge of any defect, tenders nonconforming goods to a buyer who properly rejects them, may offer to cure the defect.