A. O. Anderson & Co. v. Standard Shipbuilding Corp.

Headnote

Commissions —■ contract — construction of contract for payment of commissions.

Anderson & Co., Inc., v. Standard Shipbuilding Corpn., 202 App. Div. 795 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered June 21, 1922, affirming a judgment in favor of plaintiff, entered upon an order of Special Term granting plaintiff’s motion for judgment on the pleadings. The action was brought to recover the sum of $40,608.88 and interest, being a balance claimed to be due to the plaintiff as brokerage commissions on certain contracts for the construction of vessels which the plaintiff procured for the defendant. The amount claimed was not in dispute the issue being whether the defendant was liable for the commissions. The answer alleged that the commissions were payable by the defendant when, and only when, installments of purchase price were received by the defendant from the several purchasers. Plaintiff con

tended that the proper construction of the contract was that the commissions were to be paid when the defendant was paid and that it was immaterial from whom the defendant received the money.