Parma Tile Mosaic & Marble Co. v. Estate Of Fred Short

590 N.Y.S.2D 1019 (1992)

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Nature of the Case

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Facts

MRLS was a construction manager who hired Sime to do subcontract work. Sime ordered tile from Parma (P) who refused to deliver the tile unless MRLS guaranteed payment. MRLS sent a fax dated September 12, 1989, stating that it would guarantee payment. The name of MRLS was printed across the top of the fax, but it was unsigned. Sime failed to pay, and P billed MRLS. P then sued MRLS.