Indovision Enterprizes, Inc. v. Cardinal Export Corp.
Opinions
Memorandum. Order affirmed with costs to abide the event on the opinion of Mr. Justice Aron Steuer at the Appellate Division, with the added comment that the provision in question is not a "commercial absurdity”. On one interpretation it could serve the useful purpose of terminating the entire agreement if for whatever reason the buyer failed to supply a letter of credit. This could make commercial sense, for example, if the "seller” had no scarcity of buyers. The division in the Appellate Division and in this court dramatically highlights Mr. Justice Steuer’s view that "the least that could be said is that the proper interpretation is one on which reasonable minds would differ”.
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331 N.E.2d 679 (Indovision Enterprizes, Inc. v. Cardinal Export Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.