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KRISTINUS v. H. STERN COM. E IND. S. A.

No. 76 Civ. 1532.

466 F.Supp. 903 (1979)

Rainer W. KRISTINUS, Plaintiff, v. H. STERN COM. E IND. S.A., Defendant.

United States District Court, S. D. New York.

March 7, 1979.

Attorney(s) appearing for the Case

Farber & Childs, New York City, for plaintiff; John J. von der Lieth, New York City, of counsel.

Bloom, Epstein, Wayne, Reiss & Milner, New York City, for defendant; George Reiss, New York City, of counsel.

LASKER, District Judge.

In December, 1974, Rainer Kristinus purchased three gems from H. Stern Com. E Ind. S.A. (H. Stern) in Rio de Janeiro. Kristinus asserts that when he purchased the gems, a vice-president of H. Stern assured him orally that he could return them for a complete refund at the offices of H. Stern's New York City franchisee, H. Stern Jewelers, Inc. However, when Kristinus tendered the gems to H. Stern Jewelers in January 1975, his request for a refund...

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