Chemex Distributors, Inc. v. Winslow

Motion to dismiss counterclaim under rule 109 of the Rules of Civil Practice, on the ground that it is not a proper counterclaim in the action.

*131The complaint alleges that the defendant made an agreement with one Vagg by which the latter was given the exclusive rights of representation and distribution in and for the city of Greater New York for the products manufactured and sold by the defendant and known as the Chemex fire extinguishers and Chemex powder. Thereafter the said Vagg assigned his rights under the contract to the plaintiff. The complaint then alleges that, prior to the acceptance…