RIBACK ENTERPRISES, INC. v. DENHAM

No. 277, Docket 71-1711.

452 F.2d 845 (1971)

RIBACK ENTERPRISES, INC., Plaintiff-Appellee, v. George DENHAM et al., Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided November 26, 1971.


Attorney(s) appearing for the Case

Jesse Rothstein, New York City (Amster & Rothstein, Krolik & Ochs, Daniel Ebenstein, New York City, on the brief), for defendants-appellants.

Richard F. Horowitz, New York City (Weiss, Bronston, Rosenthal, Heller & Schwartzman, New York City, on the brief), for plaintiff-appellee.

Before FRIENDLY, Chief Judge, FEINBERG, Circuit Judge, and DAVIS, Judge.


FEINBERG, Circuit Judge:

In early 1970, plaintiff Riback Enterprises, Inc. engaged defendant George Denham to sell its greeting cards in three eastern states, in part of a fourth and in Washington, D.C. Denham's job was to solicit orders directly from retailers and he was paid solely by commission. There was no written agreement between the parties. Apparently Denham also sold his own stationery products and those of other manufacturers, including greeting cards....

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