Sternberg v. Bellanca Aircraft Corp.

Defendant appeals from an order denying its motion for summary judgment. Plaintiff sues for $15,000 as broker’s commissions claimed to be due because plaintiff in 1936 introduced defendant to a firm named Tobey & Company which at that time refused to deal either with plaintiff or defendant, but later in 1938 made with defendant an underwriting agreement procured by a person other than plaintiff. Defendant contends that under the agreement sued on and on the undisputed facts plaintiff cannot recover. Plaintiff contends there are issues of fact that must await trial.

Plaintiff alleges the…