MATTLAGE SALES, INC. v. HOWARD JOHNSON'S WHOLESALE DIV., INC.


39 A.D.2d 958 (1972)

Mattlage Sales, Inc., et al., Respondents, v. Howard Johnson's Wholesale Division, Inc., et al., Appellants

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

June 19, 1972


Judgment reversed, on the law, with $10 costs and disbursements, and motion denied.

Plaintiffs were retained by defendants as food brokers pursuant to an oral agreement which was later confirmed by a written agreement. The agreement, which was revocable by defendants, was terminated by them effective October 2, 1970. This suit seeks to recover certain unpaid commissions. The parties are in dispute as to whether the percentage of commissions payable to plaintiffs was...

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