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WEST, WEIR & BARTEL v. M. CARTER PAINT CO.

25 A.D.2d 81 (1966)

West, Weir & Bartel, Inc., Appellant-Respondent, v. Mary Carter Paint Company, Respondent-Appellant

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

February 15, 1966.

Attorney(s) appearing for the Case

A. Walter Socolow of counsel (Max E. Lynne with him on the brief), for appellant-respondent.

Adelbert C. Matthews, Jr., of counsel (Malvern Hill, Jr., with him on the brief; Havens, Wandless, Stitt & Tighe, attorneys), for respondent-appellant.

RABIN, STEVENS and EAGER, JJ., concur; VALENTE, J., deceased.

BREITEL, J. P.

These are cross appeals from a judgment rendered after nonjury trial in an action for damages for wrongful termination of an advertising agency contract. Plaintiff is the successor by merger of an advertising agency, and defendant is a paint manufacturer which contracted for the advertising services. The trial court rendered a judgment in favor of plaintiff in the sum of $76,251.85, of which the...

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