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WEST, WEIR & BARTEL, INC. v. MARY CARTER PAINT CO.

31 A.D.2d 517 (1968)

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

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

November 12, 1968

Judgment unanimously affirmed, without costs and disbursements.

Findings of fact, if any, inconsistent with the findings and conclusions herein stated are reversed and vacated. The over-all burden of proving damages was on plaintiff, including the burden of showing a fair and approximate estimate of the cost to be deducted from the gross commissions. (See Burke, Kuipers & Mahoney v. Dallas Dispatch Co., 253 App. Div. 206; see, also, Preager v. Unity...

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