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THRIFT WHOLESALE, INC. v. MALKINILLION CORP.

July 27, 1943

THRIFT WHOLESALE, Inc.,
v.
MALKINILLION CORPORATION



The opinion of the court was delivered by: BARD

This is an action for breach of contract. I make the following special findings of fact:

1. Plaintiff is a Pennsylvania corporation, with its principal place of business at Harrisburg, Pennsylvania.

 2. Defendant is a corporation of the State of New Jersey, with its principal office in Newark, New Jersey. The amount in controversy is more than $3,000 exclusive of interest and costs.

 3. J.B. Freidberg is president and secretary of the plaintiff corporation.

 4. Plaintiff is and has been engaged in the wholesale confectionery, cigar, cigarette and tobacco business since 1903, and during the last eight years has operated some 600 automatic cigarette vending machines in Dauphin County, Pennsylvania and vicinity.

 5. Defendant is engaged in the business of manufacturing and selling automatic cigar vending machines.

 7. On May 15, 1941, S. M. Malkin called on J. B. Freidberg, president of plaintiff corporation, in Harrisburg, to negotiate the sale of cigar vending machines to plaintiff.

 8. On that date a written agreement for the sale of fifty cigar vending machines for $1,075 was executed in the name of plaintiff by Freidberg as president and in the name of defendant by S. M. Malkin as "representative", pursuant to which Freidberg delivered to Malkin a check for $237.50 as a down payment.

 9. The agreement provided, inter alia, that delivery of the machines was to be made by the defendant immediately f.o.b. Newark, New Jersey.

 10. The agreement further contained the following provision:

 "This contract shall not be valid or enforceable until countersigned by the President, Vice President or Treasurer of the Malkin-Illion ...


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