National Committee on the Observance of Mother's Day, Inc. v. Kirby, Block & Co.

Defendants move pursuant to subdivision 4 of rule 106 of the Buies of Civil Practice for dismissal of the first cause of action and the plaintiff cross-moves for partial judgment pursuant to rules 113 and 114 on the second and third causes of action.

It is alleged in the complaint that the defendants undertook to act on behalf of the plaintiff under a 10-year contract dated May 8, 1951, which designated the defendant Kirby, Block & Co., Inc., etc., as plaintiff’s exclusive advertising agency and trade promotion counsellors and service bureau.

Under the contract all activities of the agents…