Plant Manufacturing Corp. v. Renner — 243 N.Y. 557

p. 557

Plant Manufacturing Corporation, Appellant, v. Henry Renner et al., Individually and as Copartners, under the Firm Name of Renner & Maras, Respondents.

(Argued May 27, 1926;

decided July 9, 1926.)

Headnote

Contract ■— principal and agent — action to recover on alleged contract of' agency — complaint dismissed on ground contract too indefinite, speculative and vague.

Plant Mfg. Corp. v. Renner, 214 App. Div. 606 , affirmed.

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial

p. 558

department, entered January 8, 1926, unanimously affirming a judgment in favor of defendants, entered upon a dismissal of the complaint by the court at a Trial Term. The action was to recover for an alleged breach of a contract of agency. The trial court dismissed the complaint on the ground that the alleged contract was too indefinite, speculative and vague and created no obligation.

Judgment affirmed, with costs;

Louis W. Severy for appellant.

Henry M. Stevenson and Henry B. Culver for respondents.

no opinion.

Concur: His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ.