La Potin v. Julius Lang Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, entered August 30, 1967, unanimously reversed, on the law, without *528costs and disbursements, and motion for dismissal of complaint against the individual defendant, Julius Lang, granted, without costs and without disbursements, but without prejudice. Although the complaint alleges that the individual defendant was a party to the contracts for the sale of goods to plaintiff’s intestate, the documents underlying the transactions are annexed to the complaint and establish that .the sole contracting party was the corporate defendant. "Where a variance exists between the written contract and…
2Cases cited4 opinions
- Red Robin Stores, Inc. v. RoseAppellate Division of the Supreme Court of the State of New York · 1948
- Metcalf v. MetcalfAppellate Division of the Supreme Court of the State of New York · 1949
- Kucker v. Gates Container Corp.Appellate Division of the Supreme Court of the State of New York · 1942
- Kucker v. Gates Container CorporationNew York Court of Appeals · 1942
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