Westhill Exports, Ltd. v. Pope

In this action brought to recover commissions, plaintiff alleged that it was employed by defendants to procure for them a 10-year contract to supply newsprint to defendants and that plaintiff was to be paid a commission of 3% of the gross sales by the seller according to the custom of the newsprint trade, that plaintiff found a seller willing to sell on defendants’ terms but defendants refused to consummate the transaction.

Special Term held that plaintiff alleged a contract of employment by defendants and that the writing relied on tended to support its claim and that plaintiff would be…