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Under this contract, the plaintiff agreed to deliver paintings to the gallery, framed and ready for display and to furnish the gallery with a list of net figures for each painting (the same to be received by plaintiff) plus a 33-1/3% selling commission to the gallery as aforesaid.

The defendant also undertook certain obligations:- it undertook to promote the name and works of the plaintiff; to show her works whenever feasible; to attempt to have plaintiff's works invited to institutional exhibitions; to obtain recognition of plaintiff to the full extent of its ability; to keep a representative group of plaintiff's work on hand at the gallery; and in the event of a one-man exhibit, the gallery, among other things, assumed all expenses in connection with announcements; provided the exhibition room, attended to the hanging of the works, and paid for all advertising.

Plaintiff's first one-man show was held by the defendant in January, 1947, Thereafter, defendant represented plaintiff in two group shows held at its gallery and was successful in arranging for a one-man show of plaintiff's works at the Stuart Art Gallery.

A second one-man show of plaintiff's paintings was given by the defendant from January 10th to January 28th, 1948.

During all this time, the defendant never ceased its efforts on plaintiff's behalf. As evidence of this fact, four of the eighteen pictures on exhibition in the January, 1948, show were sold, as were two small sketches, to separate parties. This is conclusive evidence of the extent to which the defendant's efforts on plaintiff's behalf had succeeded in the short period of defendant's representation of the plaintiff. All these efforts culminated in November, 1948, when defendant was successful in having one of plaintiff's paintings hung in one of the most significant of American exhibitions, that is, the Whitney Museum in Washington Square, New York City.

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