H. D. I. Diamonds, Inc. v. Frederick Modell, Inc.

Lupiano and Bloom, JJ.,

dissent in a memorandum by Bloom, J., as follows: H. D. I. Diamonds, Inc. (HDI) is in the business of buying and selling jewelry. Frederick Modell, Inc. (Modell) is a manufacturer of jewelry. The two entered into an agreement under which HDI undertook to sell Modell’s line of jewelry. The agreement provided that HDI was to procure orders which it was to send to Modell for processing. Modell agreed to fill the orders accepted by HDI and upon payment to HDI by its customers it was to make payment to Modell. Critical to the problem before us is a provision that: “In the…