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)
Rainer Kristinus (plaintiff) purchased about $30,000 worth of gems from H. Stern Comercio e Industria S.A. (defendant) while in Brazil, and was told by a Stern vice president he could return the gems for a refund at Stern's New York City location. When his refund request was denied in New York, Kristinus sued for specific performance of the oral contract entered in Brazil. Stern moved to dismiss, arguing that under Brazilian law, an oral contract for more than 10,000 cruzeiros is unenforceable.
Whether, in a lawsuit to enforce an international sales contract, a New York court will apply the law of the jurisdiction having the greatest interest in the litigation.