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ITHACA TEXTILES v. WAVERLY LINGERIE

24 A.D.2d 133 (1965)

Ithaca Textiles, Inc., Appellant, v. Waverly Lingerie Sales Company, Respondent

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

November 23, 1965.

Attorney(s) appearing for the Case

Bryant & Mazza (Davies, Hardy & Schenck; John W. Burke and Bernard M. Althoff of counsel), for appellant.

S. S. Goldsmith for respondent.

GIBSON, P. J., REYNOLDS, AULISI and HAMM, JJ., concur.

TAYLOR, J.

Ithaca Textiles, Inc., a lingerie and sleepwear manufacturer, constituted Waverly Lingerie Sales Company as its exclusive sales agent by written agreement dated March 10, 1961. The instrument provided that Ithaca would pay to Waverly "a commission on all merchandise sold * * * at the rate of 6% of the net sales price." By amended complaint verified October 10, 1963 Waverly prosecuted an action against

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