Pioneer Credit Corp. v. San Miguel

The language of the contract in this case is set forth in the prior opinion of this court on the appeal after the first trial of this action (274 App. Div. 184). On that appeal, this ‘ court unanimously reversed the judgment for $65,407.01 entered on the prior verdict in plaintiff’s favor for $57,114, with interest and costs, and ordered a new trial. We held that the contract left open for determination as an issue of fact whether defendant Mexasturca unconditionally agreed to pay the Mexican customs duties, irrespective of whether it elected to become responsible for the purchase of the…