FRANK EXP.-IMP. CORP. v. ELOF HANSSON, INC.


2 A.D.2d 877 (1956)

Frank Export-Import Corporation, Respondent, v. Elof Hansson, Inc., Appellant

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

November 7, 1956


The amended complaint alleges that plaintiff was to procure a customer for the defendant who was ready, able and willing to purchase newsprint at specified prices f.o.b. Bremen and/or Antwerp. The allegations of performance on plaintiff's part are that he procured a purchaser at the requested prices, nothing being alleged as to the f.o.b. feature. Plaintiff asserts that paragraph 11 of the complaint sufficiently alleges the inclusion of that term in the undertaking the purchaser...

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