HOHENBERG CO. v. IWAI N. Y.


6 A.D.2d 575 (1958)

Hohenberg Co., Inc., Respondent, v. Iwai New York, Inc., Appellant

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

December 9, 1958.


Attorney(s) appearing for the Case

Thomas J. Whalen of counsel (S. F. Peavey, Jr., attorney), for appellant.

Milton S. Teicher for respondent.

BOTEIN, P. J., BREITEL, RABIN and McNALLY, JJ., concur.


VALENTE, J.

The complaint in this case contained two causes of action. In the first, plaintiff sought to recover, under an express contract, commissions of 5% of the gross selling price of approximately 33,000 pounds of cashmere yarn. The second cause of action alleged that plaintiff had been requested by defendant to assist, advise and co-operate with defendant in the production, marketing, selling and distribution...

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