PLAYTOWN PRODS. v. IDEAL TOY CORP.


201 Misc. 911 (1952)

Playtown Products, Inc., Plaintiff, v. Ideal Toy Corporation, Defendant.

Supreme Court, Trial Term, New York County.

April 18, 1952.


Attorney(s) appearing for the Case

Samuel Rivelson for plaintiff.

David Kugel for defendant.


STEUER, J.

The decisive issue on this trial was whether plaintiff was hired, pursuant to an oral hiring, to design certain toys for the defendant or whether plaintiff's activities were an effort to sell a line of toys to defendant. There was sufficient oral testimony of the conversations to support either version, and a finding for either party, on this branch of the testimony, would be unexceptionable. However, every other factor in the evidence, that...

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