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SEC. LEASING CO. v. FOREMOST FOUNTAINS

41 Misc.2d 84 (1963)

Security Leasing Company et al., Appellants, v. Foremost Fountains, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

October 3, 1963

Attorney(s) appearing for the Case

Harry Youran for appellants. Sylvia Weber for respondent.

Concur — HOFSTADTER, J. P., GOLD and TILZER, JJ.

Per Curiam.

Even if privity was required to entitle the plaintiff The House of Imperial Chemists, Inc. (Imperial) to recover, there were triable issues whether Imperial had not contracted with the defendant before the plaintiff Security Leasing Company (Security) gave the defendant the purchase order of December 30, 1960 and, if so, whether the purchase order so given constituted a novation. Imperial's relation to the transaction

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