Kristinus v. H. Stern Comercio e Industria Sociedade Anonima

463 F. Supp. 1263 (1979)

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Kristinus v. H. Stern Comercio e Industria Sociedade Anonima

United States District Court for the Southern District of New York
463 F. Supp. 1263 (1979)

Facts

Rainer Kristinus (plaintiff) purchased approximately $30,000 worth of gems from H. Stern Comercio e Industria S.A. (Stern) (defendant) while on a trip in Brazil. During his transaction with Stern, Kristinus was told by a Stern vice president that he could return the gems for a refund at the Stern location in New York City. When Kristinus’s request for a refund was denied in New York, he sued for specific performance under the oral contract entered in Brazil. Stern moved to dismiss on the ground that under Brazilian law, an oral contract for more than 10,000 cruzeiros, the currency of Brazil, is unenforceable.

Rule of Law

Issue

Holding and Reasoning (Lasker, J.)

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