FLEXSLEEV, INC. v. DYNAFLEX CORP.


10 A.D.2d 922 (1960)

Flexsleev, Inc., Respondent, v. Dynaflex Corporation, Appellant

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

May 17, 1960


Order and judgment granting plaintiff summary judgment in action for royalties under license agreement unanimously affirmed, with costs to plaintiff-respondent.

The court is satisfied that on any version of the language of the agreement the minimum royalties for the first three years of the term were not to be offset by any credits against such minima because of deficiencies in royalties actually earned. On this view plaintiff was entitled to recover the accrued minimum...

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