GLOBAL COMMERCE CORP. v. CLARK-BABBITT INDUSTRIES

No. 13, Docket 23975.

239 F.2d 716 (1956)

GLOBAL COMMERCE CORPORATION, S.A., Plaintiff-Appellant, v. CLARK-BABBITT INDUSTRIES, Inc., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided December 17, 1956.


Attorney(s) appearing for the Case

Walter Herzfeld, New York City, Sereni & Herzfeld, New York City, for plaintiff-appellant, Bernard J. Wald, Brooklyn, N. Y., of counsel.

Francis A. Brick, Jr., New York City, Donovan Leisure Newton & Irvine, New York City, for defendant-appellee, Douglas V. Lewis, New York City, of counsel.

Before CLARK, Chief Judge, and HAND and SWAN, Circuit Judges.


HAND, Circuit Judge.

The plaintiff appeals from a judgment dismissing its complaint in an action upon two counts, tried to a judge without a jury. The first count was on a contract for a sale by the defendant to the plaintiff in Mexico of 10,000 tons of copra; the second count was for a commission to the plaintiff for procuring a buyer in Mexico for 5,000 tons of "steel bars." The defendant denied that the parties had ever come to a final agreement as to the terms...

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