Boylan v. Foremost Machine Builders, Inc.

The center of gravity of this transaction may have been that plaintiff’s commission was to be paid for services to be rendered by him in the performance, rather than in the procurement, of this Government contract. A trial is necessary. Defendant’s motions for judgment on the pleadings and for summary judgment were properly denied. Order unanimously affirmed, with $20 costs and disbursements to the respondent. Present — Cohn, J. P,, Callahan, Van Voorhis and Breitel, JJ.