Ripley v. Storer

Judgment affirmed, with costs. In affirming we do not necessarily agree with the views expressed by the trial court but not carried into the judgment. We do not find it necessary to decide nor was it decided by the trial court that the commission contract may be abandoned or avoided by the corporation. Concur — Peck, P. J., Cohn, Callahan and Rabin, JJ.; Breitel, J., dissents and votes to reverse and dismiss in the following memorandum: The decision and judgment in the prior action between the parties, tried before Mr. Justice Eager (1 Misc 2d 235, affd. 282 App. Div. 950, leave to appeal…