Hyperlawhypertext legal database Glover v. H. P. Nelson Co. 140 N.Y.S. 1120

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Glover v. H. P. Nelson Co.

140 N.Y.S. 1120 Court N.Y. App. Div. Decision date 1913-02-14 Docket Appeal No. 1 English

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p. 1120
GLOVER, Respondent, v. H. P. NELSON CO., Appellant.
(Appeal No. 1.)
(Supreme Court, Appellate Division, Second Department,
February 14, 1913.)

Headnote

Action by Charles A. Glover against H. P. Nelson Company.

Order reversed, with $10 costs and disbursements, and motion for judgment on the pleadings denied, with $10 costs, upon the ground that the complaint fails to show that satisfactory settlements had been received by the defendant from shipments made to' various dealers to whom plaintiff sold, and under the contract commissions were only to be due and payable in that event.

HIRSCHBERG, J., votes to reverse upon the authority of Hilton & Dodge Lumber Co. v. Sizer & Co., 137 App. Div. 661 , 122 N. Y. Supp. 306 , with whom RICH, J., concurs.