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EXXON CORP. v. NEW ENGLAND PETROLEUM CORP.

68 A.D.2d 827 (1979)

Exxon Corporation, Appellant, v. New England Petroleum Corporation, Respondent

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

March 13, 1979

Plaintiff purchased a quantity of heating oil directly from defendant and also purchased from defendant through traders Vitol Trading S. A. and Derby & Co. an additional quantity of heating oil. This sale was negotiated by defendant's employee, one R. H. Breiden. In connection with this sale, Breiden agreed that defendant would pass along to plaintiff certain entitlements that defendant, as the record importer of the oil, would be receiving pursuant to a program of the...

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