Kristinus v. H. Stern Com. E Ind. S.A.

LASKER, District Judge.

In December, 1974, Rainer Kristinus purchased three gems from H. Stern Com. E Ind. S.A. (H. Stern) in Rio de Janeiro. Kristinus asserts that when he purchased the gems, a vice-president of H. Stern assured him orally that he could return them for a complete refund at the offices of H. Stern’s New York City franchisee, H. Stern Jewelers, Inc. However, when Kristinus tendered the gems to H. Stern Jewelers in January 1975, his request for a refund was denied. This suit for specific performance followed. H. Stern’s motion to dismiss the complaint under the Brazilian Statute…