Berkowitz v. the Kiener Co.

SCHOTTKY, J., pro tem.

Plaintiffs sued to recover moneys alleged to be due to them and defendant Elliott M. Bank from defendants, The Kiener Company and Harry Kiener, for commissions due under the terms of a written contract entered into between the defendant, The Kiener Company, and plaintiffs, and defendant, Elliott M. Bank, while doing business under the fictitious name of Sutton & Co. and also on an oral contract between the defendant, The Kiener Company, and plaintiffs, while plaintiffs were doing business under the name of Berkowitz Brothers.

Plaintiffs sought recovery upon the common…