Opinion
June 21, 1949.
Present — Peck, P.J., Glennon, Dore, Cohn and Van Voorhis, JJ.
The contract of sale stated that the price was to be the Office of Price Administration "ceiling" at the time of delivery. Office of Price Administration ceiling prices were discontinued after the contract was made and before the time specified for delivery. The determination by Special Term of the validity of the contract by denying the application to stay arbitration did not foreclose the arbitrators' apparent determination that at the time of delivery the price had become too uncertain for enforcement of the contract. Judgment and order unanimously affirmed, with costs.