SCHROEDER v. SITELINES, INC.


29 N.Y.2d 229 (1971)

Carl A. Schroeder et al., Individually and as Copartners Doing Business Under the Name of Carl A. Schroeder & Co., Respondents, v. Sitelines, Inc., Appellant.

Court of Appeals of the State of New York.

Decided October 21, 1971.


Attorney(s) appearing for the Case

Eugene A. Wolkoff for appellant.

Hyman L. Rutman for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI and GIBSON concur with Judge BERGAN; Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.


BERGAN, J.

On January 2, 1968 plaintiffs and defendant entered into a written contract pursuant to which plaintiffs became for defendant "its exclusive manufacturer's representative in the sale of ACOUSTA/GLAZE Window Products" for a described territory.

The provision which is the subject of this action stated: "Commissions will be paid on the basis of 10% base commission, distributed one-half for a specification...

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