LEVY v. NORTON LABS.


2 Misc.2d 673 (1956)

Leon D. Levy, Appellant, v. Norton Laboratories, Inc., Respondent.

Supreme Court, Appellate Term, First Department.

April 12, 1956.


Attorney(s) appearing for the Case

Stanley I. Lehrer for appellant.

William J. O'Connor, Jr., and Otto Buerger for respondent.

HOFSTADTER, HECHT and AURELIO, JJ., concur.


Per Curiam.

Defendant bound itself to pay royalties on 50,000 devices for the year in question. The agreement fails to state at what price the devices are to be sold, thus providing no basis for computing the 5% royalties plaintiff is entitled to under the contract. Whatever might be said about the infirmity of the agreement at its inception because no billing price was fixed or method of fixing it prescribed, this...

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