Pozewicz v. Ph. Dietz Coal Co.

This is a motion by the defendant to dismiss plaintiff’s complaint upon the ground that the agreement sued upon *74is violative of subdivision 1 of section 31 of the Personal Property Law. (Rules Civ. Prac. rule 107, subd. 8.)

The complaint alleges “ that in and about the month of July, 1936, the plaintiff entered into an oral agreement with the defendant corporation whereby said corporation agreed to pay to the plaintiff a commission of one-half of a cent per gallon for every gallon of fuel oil sold to customers obtained through the efforts of the plaintiff herein.” Attached to the complaint is…