Majority
p. 550Eric M. de Sherbinin, Respondent, v. Bremer-Waltz Corporation, Appellant, Impleaded with Another. (Argued November 27, 1923; decided December 27, 1923.)
Headnote
Contract — commissions ■ — ■ action to recover commissions on sale to foreign government.de Sherbinin v. Bremer-Waltz Corpn., 205 App. Div. 881 , affirmed.
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered February 14, 1923, .unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover commissions on an alleged sale of aluminum to the Russian government. The defense was a general denial. Also that' the con
p. 551
tracts proved by plaintiff were between Great Britain and the defendant and that plaintiff had failed to prove that Great Britain had acted as agent for Russia.
Francis X. Carmody for appellant.
CharlesH. Tuttle and William B.Roulstone for respondent.
Judgment affirmed, with costs; no opinion.
Concur: Hiscock, Ch. J., Hogan, Cardozo, Pound, McLaughlin, Crane and Andrews, JJ.