RATHBONE v. MION


282 A.D. 797 (1953)

W. Westcott Rathbone, Respondent, v. Lino Mion et al., Individually and as Copartners Doing Business under the Name of Triple Cities Tile & Marble Co., Appellants

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

July 2, 1953.


The cause attacked alleges in substance that defendants agreed to pay plaintiff a commission on all sales made by plaintiff of defendants' goods and services, and also to agree to pay plaintiff for his services as an employee. That plaintiff accepted such employment and between March 1, 1948, and May, 1952, continued therein and made sales of defendants' goods and services and also rendered service as an employee. Plaintiff's bill of particulars states that the agreement...

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