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MATTER OF PRIMA PRODS. (AQUELLA PRODS.)

280 A.D. 109 (1952)

In the Matter of the Arbitration between Prima Products, Inc., Appellant, and Aquella Products, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 25, 1952.

Attorney(s) appearing for the Case

Jack Hart of counsel (Joseph A. Bergadano with him on the brief; Engelman and Hart, attorneys), for appellant.

Ira A. Campbell of counsel (Rufus Barringer with him on the brief; Kirlin, Campbell & Keating, attorneys), for respondent.

DORE and COHN, JJ., concur with BERGAN, J.; SHIENTAG, J., dissents and votes to affirm, in opinion in which PECK, P. J., concurs.

BERGAN, J.

By several assignments the respondent Aquella Products, Inc., and Usines De La Seigneurie, which as a matter of convenience will here be called the "French Corporation", have succeeded to reciprocal contractual obligations undertaken in 1945 for the sale of paint.

Among other things Aquella agreed to pay the French Corporation royalties on sales made throughout an extensive territory. In 1949...

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