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Utility Blade & Razor Co. v. Donovan

Decided: June 18, 1954.

UTILITY BLADE & RAZOR COMPANY, PLAINTIFF,
v.
JOHN J. DONOVAN, DEFENDANT



Waugh, J.c.c. (temporarily assigned).

Waugh

Plaintiff, a packager of razor blades, entered into a contract by letter on August 29, 1951. The alleged contract is as follows:

"Mr. John Donovan

2 Deer Avenue

Newark, New Jersey

Dear Mr. Donovan:

This will confirm our conversation of yesterday which it was mutually agreed that a commission of 10% would be paid on any

or all packaging and wrapping work that you will procure for us or that may be booked by this company from this date on.

In addition, 15% of the net profits will be paid as a further commission. All commissions to be paid 10 days after the billings have been paid by the customers.

It is agreed that you will actively service such accounts as you may obtain or are booked by us for 'Wrapping and packaging'.

Any orders booked which call for an exception to these conditions as listed above, to be mutually agreed upon in writing.

It is noted and agreed that the packaging and wrapping of razor blades, razors and allied products which have been processed by us in the ...


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