Marvin Glass & Associates v. Frederick Gardel and Algar Licensing Corporation

MYRON L. GORDON, District Judge. 1

Marvin Glass & Associates brought a declaratory judgment action under 28 U.S.C. §§ 2201 and 2202 to determine their rights pursuant to a contract with Frederick Gardel and Algar Licensing Corporation. It is undisputed that the parties had a one year written contract whereby the plaintiff was to pay the defendants a 40% commission on any royalties which the plaintiff received from European manufacturers as a result of the defendants’ activities as a licensing agent. The contract was executed on March 28, 1967; this action was begun on May 23,1968.

In their…