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N.D. IVEY CO. v. FRANKLIN ASSOCIATES, INC.

370 Pa. 225 (1952)

Neal D. Ivey Company, Appellant, v. Franklin Associates, Inc.

Supreme Court of Pennsylvania.

March 24, 1952.

Attorney(s) appearing for the Case

George V. Strong, with him Strong, Sullivan, Saylor and Ferguson, for appellant.

David S. Malis, with him Malis, Malis & Malis, for appellees.

Before DREW, C.J., STERN, STEARNE, LADNER and CHIDSEY, JJ.

OPINION BY MR. JUSTICE CHIDSEY, March 24, 1952:

Neal D. Ivey Company, appellant, filed a bill of complaint against Franklin Associates, Inc. and House-of-Charm Fabrics, Inc., appellees, for injunction and accounting. The proceeding was based upon a contract whereby Ivey was to conduct an advertising campaign for Franklin, payment therefor to be made out of gross proceeds of sales of Franklin's products. Ivey claimed monies were due to it under its construction of...

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