DODGE v. RICHMOND


5 A.D.2d 593 (1958)

C. Gerard Dodge, Appellant, v. Frederick W. Richmond, Respondent

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

May 13, 1958.


Attorney(s) appearing for the Case

Lloyd I. Isler of counsel (Fink & Pavia, attorneys), for appellant.

William J. Butler of counsel (Butler, Jablow & Geller, attorneys), for respondent.

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


STEVENS, J.

This is an appeal from so much of an order as denied plaintiff's motion to dismiss the second affirmative defense of an answer filed herein.

According to the complaint, plaintiff broker was employed by defendant to effect a sale to defendant of the assets of the Follansbee Steel Corp. at a top price of $25 per share. Defendant seller agreed to pay plaintiff a stated graduated commission if...

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