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STATE MUT. LIFE ASSURANCE CO. OF AM. v. DUTCH INNS OF AM., INC.

44 A.D.2d 668 (1974)

State Mutual Life Assurance Company of America, Respondent, v. Dutch Inns of America, Inc., Appellant

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

April 18, 1974

Plaintiff and defendant entered into an arrangement in writing for the purpose of determining whether a financial transaction would be entered into and moneys loaned to the defendant by the plaintiff, which transaction was never consummated. However, the writing contained the following undertaking by the defendant: "Whether or not this financing is consummated, you agree to pay all fees of our Special Counsel, and any other expenses...

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