WILSON SULLIVAN CO. v. INT. PAPER MAKERS R. CORP.


307 N.Y. 20 (1954)

Wilson Sullivan Company, Inc., Appellant, v. International Paper Makers Realty Corporation, Respondent.

Court of Appeals of the State of New York.

Decided April 23, 1954


Attorney(s) appearing for the Case

Bernard Ellenbogen and Meyer A. Jeneroff for appellant.

Charles J. Tobin, Jr., and William J. Roberts for respondent.

LEWIS, Ch. J., CONWAY and FULD, JJ., concur with FROESSEL, J.; DYE, J., dissents and votes for affirmance in an opinion in which DESMOND and VAN VOORHIS, JJ., concur.


FROESSEL, J.

On November 1, 1946, plaintiff and defendant entered into a written agreement whereby defendant "employ[ed] and appoint[ed]" plaintiff "as exclusive renting and managing agent of the building" owned by defendant. Plaintiff was to receive, among other compensation for its services, 5% of the total amount of rental collections from the building. The duration and provisions for termination of this

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