Carlson Construction Co. v. Thermasol, Ltd.

—In an action to recover commissions allegedly due under an exclusive franchise agreement, the defendant appeals from a judgment of the Supreme Court, Suffolk County, entered March 31, 1964 after trial, upon the verdict of a jury in plaintiff’s favor. Judgment affirmed, with costs. In our opinion, the agreement was not void for lack of mutuality (cf. Steinhilber v. Challenger Steel Prods. Corp., 9 A D 2d 695 ). It is also our opinion that the issue as to the meaning of the contract was properly submitted to the jury (cf. Anchin, Block & Anchin v. Pennsylvania Coal & Coke Corp., 284 App. Div. 940 , affd. 308 N. Y. 985 ) and that the verdict in plaintiff’s favor was supported by sufficient evidence. The court’s charge, in our opinion, was not inadequate, (cf. Smith v. Gray, 19 App. Div. 262 , 263, affd. 162 N. Y. 643 ); in any event there were no exceptions thereto and reversal is not required in the interests of justice. Ughetta, Acting P. J., Christ, Brennan, Hill and Rabin, JJ., concur.