Kimberly & European Diamonds, Inc. v. Burbank

MEMORANDUM

BALLANTINE, District Judge.

The fact situation from which this action arises defies credulity.

Plaintiff is a wholesale dealer in diamonds located in Dallas, Texas. According to the evidence adduced at the hearing on plaintiff’s motion for a preliminary injunction, it is standard practice in the industry to send diamonds by registered mail to prospective purchasers. The stones are accompanied by a memorandum, the substance of which is that the consignee accepts the diamond at his or her risk for all hazards only for examination and inspection. The memorandum provides that the stone…