MOGER v. KALMANSON


25 A.D.2d 626 (1966)

Arthur I. Moger, Doing Business as Wonder-Art Enterprises, Respondent, v. Gerry M. Kalmanson, Doing Business as Gerry M. Kalmanson Associates, Appellant

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

March 8, 1966


Judgment unanimously reversed on the facts and the law and a new trial ordered, with $50 costs to appellant to abide the event.

This action is by a manufacturer against his sales agent for breach of contract and for fraud. An initial question is whether the plaintiff, an individual, has the cause of action or whether the same accrued in favor of a corporation. When the parties first met and up until the time the first written contract was entered into, the corporation...

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