N. V. LEO DE WINTER & CO. v. B. N. S. INT'L SALES CORP.


16 A.D.2d 763 (1962)

N. V. Leo De Winter & Co., Respondent, v. B. N. S. International Sales Corporation, Appellant, et al., Defendant

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

May 15, 1962


Order entered on November 14, 1961, denying the motion by defendant B. N. S. International Sales Corporation for summary judgment dismissing the first cause of action for breach of contract, affirmed, with $20 costs and disbursements to plaintiff-respondent.

BREITEL, J. (dissenting).

The question in this case is whether a seller in foreign export is liable for damages for nondelivery. Determinative is whether the foreign buyer defaulted in making...

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