A. W. Fiur Co., Inc., Appellant, v. Ataka & Co., Ltd., et al., Respondents, 71 A.D.2d 370

Summary

The sales agent acted on behalf of the corporation pursuant to a contract between the two parties. The sales agent later declined to enter into a proposed offer to be the importer on behalf of the corporation. The corporation's subsidiary, which had executed the original contract, then declined to renew the agency contract. The court found that the trial court had erred in dismissing the complaint as against the corporation upon the ground that it was neither a signatory to the written contract nor named as a party to it. It was clear that all of the dealings with respect to the contract were actually held with the corporation, not the subsidiary. The trial court also improperly granted summary judgment in holding that there was no issue of fact as to whether there was a breach of contract or damages. There was a triable issue as to whether the withdrawal by the corporation and the subsidiary from the export business was a breach. The punitive damages claim was properly dismissed, ...