Alba Trading Co. v. Constants

Pécora, J.

This motion is to dismiss the first and second causes of action of the amended complaint. Both causes of action are essentially the same, the only difference being the amount of overcharge sued for. Plaintiff alleges that it is a domestic corporation engaged in the business of manufacturing and selling a certain product and that it required quantities of an edible corn oil for use in the manufacture of that product. Because of the war, such oil was scarce and plaintiff negotiated with defendants for the purchase of same at a price of 16% cents per pound, the same being the maximum…