Greenspan-Greenberger Co. v. Goerke Co.

The Goerke Company gave space in its department store to the Strauss-Roth Stores, Incorporated, for a food department, for the term of five years from February 1st, 1930, for five per cent. of the gross sales of the department, to be not less than $6,000 a year.

On April 1st, 1931, receivers of Strauss-Roth took possession and carried on the business until May 3d 1932. The Goerke Company handled all the cash of the department, both before and after the receivership. For the fiscal year ending February 1st, 1932, five per cent. of the gross sales amounted to $4,650.55; the Goerke Company…