Dias v. Tire Mart, Inc.

Judgment unanimously modified, on the law and the facts, to the extent of increasing the plaintiff’s recovery to the sum of $30,731.68 with appropriate interest, and as so modified, is otherwise affirmed, with costs to the plaintiff-respondent-appellant. We agree with the conclusion of the trial court that the parties entered into an oral contract evidenced by the letter of September 12, 1951. However, we disagree with the conclusion that plaintiff’s assignor is not entitled to full commissions on the total amount of the shipments made to Nunez in connection with the joint venture between…