C. Alexopoulos Freres, Inc. v. Nemours Trading Corp.

Finch, J.:

The action is for damages by the plaintiff as buyer for breach of an alleged contract by refusing to deliver goods alleged to have been sold by the defendant. The defendant denied there was a contract. The plaintiff relied on a writing in the form of a sales, slip, received from the defendant’s salesman. This was a carbon copy of an original retained by the defendant. The defendant sought to show that on this original had been written the names of certain credit references given by the plaintiff, and that the sale was subject to approval as a condition precedent by the defendant’s…