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DUENEWALD PRINTING CORP. v. PUTNAM'S SONS

276 A.D. 26 (1949)

Duenewald Printing Corp., Respondent, v. G. P. Putnam's Sons, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

November 15, 1949.

Attorney(s) appearing for the Case

Vincent J. Malone of counsel (John A. Bross with him on the brief; Spence, Hotchkiss, Parker & Duryee, attorneys), for appellant.

Paul Koch of counsel (Harry Zeitlan with him on the brief; Maurice J. Schulkind, attorney), for respondent.

GLENNON, J. P., and CALLAHAN, J., concur with VAN VOORHIS, J.; DORE, J., dissents and votes to affirm in all respects the judgment in plaintiff's favor, in opinion in which COHN, J., concurs.

VAN VOORHIS, J.

Judgment has gone against defendant-appellant upon the decision of the court after a trial without a jury, in an action for work, labor and services in printing. Defendant employed plaintiff to print a book entitled "Beginners Bird Guide", which defendant was under contract to publish for a professor specializing in ornithology in Rutgers University, named Leon Augustus Hausman. Dr. Hausman had...

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