Jernberg v. Virtis Co.

Cross appeals from an order of the Supreme Court, Ulster County, directing the issuance of an open commission to take the testimony of one J. Lee Kavanau, a resident of California, and further directing the necessary disbursements of the attorneys for both parties to the sum of $750 await taxation as an allowable disbursement by the party ultimately successful in the action. The record reveals that Kavanau developed laboratory equipment which respondent undertook to manufacture and sell with Kavanau to receive 5% of the selling price of the equipment as a royalty. Kavanau became convinced…