[Download] "Duo Factors v. Trylon Specialties" by Supreme Court of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Duo Factors v. Trylon Specialties
- Author : Supreme Court of New York
- Release Date : January 24, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
The complaint alleges that plaintiff Duo Factors, Inc. (Duo) and defendant Trylon Specialties, Inc. (Trylon) entered into an accounts receivable financing agreement August 24, 1961, and refers to a copy thereof, Exhibit A, which is made a part of the complaint. Exhibit A referred to is dated August 24, 1963, and provides, inter alia, that Duo will advance ""up to 73% of the net amounts."" All parties refer to some modification to advance up to 75% of the net amounts, but such provision does not appear in the record, and the agreement expressly provides that it is not to be modified orally. The attached agreement shows a higher rate of interest charged than agreed upon in the 1961 agreement. From the examination before trial of Leo Rabkin it appears that either Trylon, by Rabkin, agreed to the change or that Rabkin individually so agreed, or possibly both consented to the change. It is not clear on the record. The defendant Goldberg is sued as a guarantor of the agreement, but the guarantee attached to the complaint and read in support of the motion is