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MATTER OF LITTLEJOHN & CO., INC.

20 A.D.2d 697 (1964)

In the Matter of the Arbitration between Littlejohn & Co., Inc., Appellant, and Fah Sang Co., Ltd., et al., Respondents

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

February 20, 1964

Order, entered on August 27, 1963, so far as appealed from, unanimously reversed on the law, without costs, and the motion denied.

A reading of the contract reveals J. Berlage Co., Inc. (herein Berlage) was not a party to the contracts as a principal, but only as an agent for a disclosed principal — a purely representative capacity. The agreement to arbitrate was between Fah Sang Co., Ltd. (Seller) and Little-john & Co., Inc. (Buyer), and the fact that...

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