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MAGOBA MGMT. v. SMITH & CO.

4 A.D.2d 145 (1957)

Magoba Management, Inc., Appellant, v. H. Clayton Smith & Co., Inc., Respondent

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

June 11, 1957.

Attorney(s) appearing for the Case

Alexander Pfeiffer of counsel (Pfeiffer & Crames, attorneys), for appellant.

Robert H. Mulreany of counsel (P. Richard Mercurio with him on the brief; De Forest, Elder & Mulreany, attorneys), for respondent.

PECK, P. J., BOTEIN, FRANK, VALENTE and McNALLY, JJ., concur.

Per Curiam.

A reading of the complaint and a review of the record indicate that plaintiff consistently claimed the existence of a cobrokerage agreement wherein each party was to use its best efforts to secure a purchaser, and, in the event either one was successful, the other was to share in the commissions.

What was unsatisfactory about this trial, and what requires a new trial, is the fact that the case was...

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