DERAMI, INC. v. JOHN B. CABOT, INC.


277 A.D. 852 (1950)

Derami, Inc., Respondent, v. John B. Cabot, Inc., et al., Appellants

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

June 13, 1950.


We find that the amount paid to rescind the sale to Formula T Laboratories was not an expense reasonably necessary in disposing of the merchandise in suit, and was not a proper factor in measuring the realizable value of such merchandise, notwithstanding the absence of a market value therefor. The expenses mentioned are disallowed for the reason that we find that the proof of such alleged expenses for advertising, postage, cables, phones, storage, insurance, trucking, marking...

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