East Coast Oil Co. v. Toltec Mexican Oil Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the East Coast Oil Company, S. A., from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 19th day of January, 1918, denying its ■motion to overrule defendant’s demurrer to the complaint.
1Opinion of the Court
Page, J.:
The first three causes of action are based upon the contract, the guaranty of the performance of. which was the subject of the action of this plaintiff against Hollins and others decided herewith. (East Coast Oil Co. v. Hollins, 183 App. Div. 67.) For the reasons given in the opinion in that case the order so far as it sustains the demurrer to the first three causes of action should be affirmed.
The fourth cause of action alleges the sale by one foreign corporation to another of certain petroleum oil at an agreed price, and failure to pay therefor. It is not alleged that the contract…
2Cases cited1 opinion
- East Coast Oil Co. v. HollinsAppellate Division of the Supreme Court of the State of New York · 1918