Security Leasing Co. v. Foremost Fountains, Inc.

Even if privity was required to entitle the plaintiff The House of Imperial Chemists, Inc. (Imperial) to recover, there were triable issues whether Imperial had not contracted with the defendant before the plaintiff Security Leasing Company (Security) gave the defendant the purchase order of December 30, 1960 and, if so, whether the purchase o.rder so given constituted a novation. Imperial’s relation to the trans*85action was close and direct enough to create a triable issue whether, in all the circumstances, Imperial was by the December 30, 1960 purchase order, excluded from participation to…