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eBook details

• Title: Julius Zupan v. Hyman Blumberg Et Al.
• Author : Court of Appeals of New York
• Release Date : January 04, 1957
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

[2 N.Y.2d 547 Page 549] The sole question presented is whether a contract of employment whereby plaintiff was to secure advertising accounts for
defendants in return for a percentage commission was within the Statute of Frauds. Plaintiff, a free-lance advertising solicitor,
testified that in oral negotiations with defendants in 1946 and again in 1949, he was asked to get accounts for them and that
he was to receive 25% commission on any account that he brought in for so long as the account was active. Plaintiff testified
that in 1950 he brought in the account of the firm in question, and that defendants paid him commissions thereon until May,
1951, but not thereafter, although they continued to handle the account. Plaintiff's Exhibit 1 (Summary Commission Statement)
shows conclusively that he is suing for commissions on orders claimed to have been placed with defendants by this customer
after the lapse of one year from the date when the contract to pay commissions to plaintiff is claimed to have been made.

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