Citations

Full opinion text

O’Malley, J.

By the allegations of the amended complaint it appears that under date of December 9, 1927, a writing in the Italian language passed between the parties, a true translation of which, according to the plaintiff, is in manner and form as follows:

“ Paolo Magrini

“ New York

“ 55 W. 92 St.

“ In continuation of the understanding between us that regards the invention of the machine ‘ Aerelectron ’ that you wish to sell in the U. S. A., I the undersigned formally bind myself to:

'• (1) To help you in making the arrangements for the application for the patent in the U. S. A.— that is to say to present you to the right people, etc., etc.

“ (2) To occupy myself with the placing of the patent and the sale of the above-mentioned machines with the best possible profit to your advantage and with the best success.

“ (3) On the profit that you will receive from any eventual combination relative to the above you will give me 40% (forty per cent).

“ Awaiting your confirmation and signature, I remain