West, Weir & Bartel, Inc. v. Mary Carter Paint Co.

Judgment unanimously affirmed, without costs and disbursements. Findings of fact, if any, inconsistent with the findings and conclusions herein stated are reversed and vacated. The over-all burden of proving damages was on plaintiff, including the burden of showing a fair and approximate estimate of the cost to be deducted from the gross commissions. (See Burke, Kuipers & Mahoney v. Dallas Dispatch Co., 253 App. Div. 206; see, also, Preager v. Unity Shoemakers Corp., 257 App. Div. 632; Slater *518v. Kane, 275 App. Div. 648; Allen, Heaton McDonald v. Castle Farm Amusement Co., 151 Ohio St. 522.)…