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F. W. BERK & CO., INC. v. DERECKTOR

276 A.D. 754 (1949)

F. W. Berk & Company, Inc., Respondent, v. Samuel Derecktor, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 14, 1949.

Order affirmed, with $20 costs and disbursements.

DORE, J. (dissenting).

In this case the claimed contract annexed to the complaint is a letter from plaintiff to defendant ordering a certain quantity and quality of specified merchandise and requesting defendant to arrange for inspection certificates to assure correctness in quantity and quality and requiring that said certificates be presented with the invoices and bill of lading. At the bottom...

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