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BERK & CO. v. DERECKTOR

301 N.Y. 110 (1950)

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

Court of Appeals of the State of New York.

Decided May 26, 1950

Attorney(s) appearing for the Case

Jacob Goldstein and Joseph H. Kraus for appellant.

Michael Stramiello, Jr., and Eugene R. Pickrell for respondent.

LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LOUGHRAN, Ch. J.

The action is one for breach of contract.

On January 11, 1949, the plaintiff sent to the defendant a letter in these words:

"We hereby order from you 1045 Flasks OF PRIME VIRGIN MERCURY, 99.5% Pure, 76 pounds net weight each, standard iron flask, at a price of $60.75 per flask, in bond, C. I. F. New York. "We will establish immediately, in your favor, an irrevocable...

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