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ROBINSON'S WOMEN'S APPAREL v. UNION B. & T. CO.

67 F.Supp. 395 (1946)

ROBINSON'S WOMEN'S APPAREL, Inc., v. UNION BANK & TRUST CO. OF LOS ANGELES et al.

District Court, S. D. New York.

August 30, 1946.

Attorney(s) appearing for the Case

Poletti, Diamond, Rabin, Freidin & Mackay, of New York City (Alfred B. Nathan, of New York City, of counsel), for plaintiff.

Burke & Burke, of New York City (J. Frederic Taylor and Coleman Burke, both of New York City, of counsel), for defendant.

RIFKIND, District Judge.

The agreement between plaintiff, as buyer, and Joseph Haft, as seller, provided that, in the event of a named contingency, the price, or the unpaid balance thereof, shall be paid to a third party, Abby Joy Haft. Were the agreement so drawn that the named contingency were the marriage of Abby Joy Haft or the death of a stranger to the contract, there is no question but that under California law the third party beneficiary could, upon the occurrence...

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