CHANNEL MASTER CORP. v. ALUMINIUM LTD.


4 N.Y.2d 403 (1958)

Channel Master Corporation, Plaintiff-Respondent, v. Aluminium Limited Sales, Inc., Defendant-Appellant.

Court of Appeals of the State of New York.

Decided June 25, 1958.


Attorney(s) appearing for the Case

A. Donald MacKinnon and Janet P. Kane for appellant.

Abraham Streifer and Louis Berger for respondent.

Chief Judge CONWAY and Judges DESMOND and FROESSEL concur with Judge FULD; Judge BURKE dissents in an opinion in which Judges DYE and VAN VOORHIS concur.


FULD, J.

On this appeal, here on questions certified by the Appellate Division, we are called upon to determine the sufficiency of a complaint in a tort action for damages based on fraud and deceit.

The plaintiff, a manufacturer and processor of aluminum, requires for its business a dependable supply of aluminum ingot in large quantity. The defendant is engaged in the business of selling that metal. The...

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