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PLATT v. TESS HAT CO.

280 A.D. 345 (1952)

Lou Platt, Appellant, v. Tess Hat Co. Inc., Respondent

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

June 18, 1952.

Attorney(s) appearing for the Case

Julius Haimowitz for appellant.

Saul K. Ellenbogen for respondent.

PECK, P. J., CALLAHAN and HEFFERNAN, JJ., concur with BERGAN, J.; DORE, J., dissents and votes to affirm in opinion.

BERGAN, J.

Plaintiff is a designer of women's hats and defendant manufactures them. On June 12, 1950, the parties entered into a written contract. Plaintiff undertook to "supply" defendant "with an entire style line of models" of hats. Defendant undertook to pay plaintiff 5% commission "On the gross sales of these models".

An action for commissions was maintained in the Municipal Court and the trial resulted...

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