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REGUERA v. CALDERON

27 A.D.2d 371 (1967)

Luis Reguera, Appellant, v. Victor M. Calderon et al., Respondents

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

May 11, 1967.

Attorney(s) appearing for the Case

Irwin M. Taylor of counsel (Stanley P. Siegel with him on the brief; Harry Wallach, attorney), for appellant.

Michael Permut of counsel (Morris Permut and Stephen H. Finkelstein with him on the brief; Permut & Permut, attorneys), for respondents.

EAGER, J. P., STEUER and CAPOZZOLI, JJ., concur with RABIN, J.; McNALLY, J., dissents in opinion.

RABIN, J.

In September of 1959 plaintiff's assignor Aceites Roig, S. A., a Spanish distributor of olive oil, engaged Jose M. Calderon, Inc., a New York food broker, as its agent in the sale of a quantity of Spanish edible olive oil. Jose M. Calderon, Inc., acting as such agent for Roig, entered into a contract for the sale of the olive oil to Pompeian Olive Oil Corporation of Baltimore, Maryland. Pursuant to...

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