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BARALAN INT'L v. VETRERIE BORMIOLI INC.

182 A.D.2d 412 (1992)

Baralan International, S.P.A., Respondent, v. Vetrerie Bormioli Inc. et al., Defendants, and Avant Industries, Ltd., Appellant

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

April 7, 1992

Crucial to the surviving cause of action herein for goods sold and delivered is the question of the authority of Avant's former president, Rino Baranes, in connection with Avant's acquisition of shipments of cosmetics bottles in 1978-79 from Laborvetro S.p.A., one of its regular suppliers, but under plaintiff's invoices. The issue is whether a legal liability to plaintiff ensued as a result, or whether that invoice substitution...

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