107 N.Y.S. 15 | N.Y. App. Term. | 1907
The plaintiff was awarded a verdict in an action brought to recover .commissions claimed to have been due his assignor for services rendered under a contract of
“ Commission on sales expires by mutual agreement on December 15, 1905. Bills remaining unpaid on that date, still entitled to same commissions to be paid to me as soon as received, and on all sales that I make and accepted by Victor Hivois up to December 15th, 1905.
“ Wit. S. L. Johhstoh. Simoet Goldsmith.”
Prior to the signing of this paper, and on July 13, 1904, defendant entered into an agreement with the Hew York Standard Watch Company, by which that company was to manufacture, sell and deliver to defendant 100,000 watch movements with stop watch attachments under the patent owned by defendant for three dollars and thirty-five cents
The judgment and order appealed from should be reversed and a new trial ordered, with costs to appellant to abide the event.
Leventbitt, J., concurs.
Gildeesleeve, J., concurs in result.
Judgment and order reversed and new trial ordered, with costs to appellant to abide event.