Appellate Division of the Supreme Court of the State of New York December 7, 1900 (McCleary v. Malcom Brewing Co.)

WOODWARD, J.

On the 1st day of May, 1898, the plaintiff and defendant entered into an agreement whereby the plaintiff was to turn over certain customers to the defendant, and thereafter the defendant was to take entire charge of said customers, and of the sales to them and the collection of moneys due from them, and to pay to the plaintiff 5 per cent, commission on all the goods, wares, and