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DUBIN v. FASHION KNITTING MILLS

19 Misc.2d 95 (1959)

Morris Dubin, Appellant, v. Fashion Knitting Mills, Respondent.

Supreme Court, Appellate Term, Second Department.

June 24, 1959.

Attorney(s) appearing for the Case

Emanuel A. Obstfeld for appellant.

Benjamin Isaacs for respondent.

Concur — PETTE, HART and BROWN, JJ.

Per Curiam.

In this action by a salesman to recover of his former employer a balance of alleged unpaid commissions in the sum of $2,548.42, the trial court directed a verdict in plaintiff's favor in the sum of $237.90. In so doing, the court held that the phrase "Commission 5% on net shipments" contained in defendant's Exhibit A, a memorandum made in the handwriting of its officer on May 4, 1956, when plaintiff was...

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