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FISCO INT'L CORP. v. BLUMENFRUCHT

283 A.D. 265 (1954)

Fisco International Corporation, Appellant, v. Lobel Blumenfrucht, Respondent

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

February 2, 1954.

Attorney(s) appearing for the Case

William E. Friedman of counsel (Baer, Marks, Friedman, Berliner & Klein, attorneys), for appellant.

Irving A. Thau of counsel (Jacob D. Fuchsberg with him on the brief; Jacob D. Fuchsberg, attorney), for respondent.

DORE, J. P., CALLAHAN, BREITEL and BOTEIN, JJ., concur.

BERGAN, J.

Defendant Blumenfrucht is a Belgian dealer in coffee, sugar and spices and has been in that business twenty-eight years. His place of business is in Brussels. Plaintiff corporation is a New York importer. In November and December, 1951, plaintiff bought 12,000 bags of coffee from defendant for $783,900 to be shipped from Holland.

A dispute arose between the parties over the quality of the coffee...

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