MARTOCCI v. GREATER NEW YORK BREWERY, INC.


301 N.Y. 57 (1950)

Michael M. Martocci, Appellant, v. The Greater New York Brewery, Inc., Respondent.

Court of Appeals of the State of New York.

Decided May 25, 1950


Attorney(s) appearing for the Case

John F. X. Finn, Joseph F. Ruggieri, Francis M. Verrilli, C. J. Pernicone and Joseph J. Lombardo for appellant.

Abraham Rotwein for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE and FULD JJ., concur.


FROESSEL, J.

The action is in contract for the recovery of commissions. The complaint as amended at the trial alleged an oral agreement whereby, in consideration of the introduction of the defendant by plaintiff to P. Lorillard Company, defendant agreed "to pay the plaintiff a commission of five (5%) per cent on all sales made by the defendant to P. Lorillard Company and...

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