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SPITZ v. LESSER

302 N.Y. 490 (1951)

Alfred W. Spitz, Appellant, v. Martin Lesser, Doing Business as Playtown Products Co., Respondent.

Court of Appeals of the State of New York.

Decided June 1, 1951

Attorney(s) appearing for the Case

David L. Delman for appellant.

Samuel Herbsman for respondent.

LOUGHRAN, Ch. J., LEWIS, CONWAY and DYE, JJ., concur with FROESSEL, J.; DESMOND and FULD, JJ., dissent for the reasons assigned by the Appellate Division in its Per Curiam opinion.

FROESSEL, J.

Plaintiff, inventor of a toy carrousel, entered into a contract with defendant on October 27, 1948, whereby the latter, "Under an exclusive arrangement" with plaintiff, agreed to "produce" and make the toy "for mass production sales"; to "promote, market and ship same, under our own expense"; and by January 2, 1949, "to have production samples * * * ready...

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