Fawick Corp. v. Alfa Export Corp.

LUMBARD, Circuit Judge.

Plaintiff Fawick' Corporation commenced this action on September 2, 1954 in the Supreme Court for New York County by a complaint which stated a cause of action for goods sold and delivered. The basis of this ■ action was an agreement between plaintiff and defendant Alfa Export Corporation whereby Alfa was the exclusive export distributor for trucks manufactured by plaintiff. Under the' agreement plaintiff was to receive payment for its trucks through assignment by Alfa of letters of credit opened with .New York banks by the foreign purchasers. In its complaint plaintiff…