New York Court of Appeals
West, Weir & Bartel, Inc. v. Mary Carter Paint Company
December 11, 196925 N.Y.2d 535
Summary
The New York Court of Appeals held that Mary Carter Paint Company did not breach its advertising contract with Ellington because the agreement required commissions only on advertising placed directly by Mary Carter, not on franchise dealers' local ads, and affirmed the judgment for the plaintiff’s claim on services and costs while dismissing the remaining claims for commissions.