Plaintiff seeks to recover the value of diamonds delivered by it to defendant Rudel pursuant to written contract, denominated a "Memorandum", which placed all risks of loss upon the party taking delivery of merchandise described therein. Although the Memorandum is in terms addressed to "Zohar Creations", a corporation in which Rudel is a shareholder, it was signed by Rudel without indication that in doing so he was acting as Zohar's agent. Plaintiff brought this action against...
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