Price v. Press Publishing Co.
Appellate Division of the Supreme Court of the State of New York
. Appeal by the plaintiff, .H.efiry Allan Pjt-ice, from á judgment, of the Supreme Court in faWr of the defendant, entered in the office of the clerk of the county of Kings on the 'Tth day of June, 1906, as resettled by an order entered in said clerk’s office on the 25th day .of June, 1906, upon the dismissal of the complaint, by' direction of the court after a trial at thé Kings County Trial Term.
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. Appeal by the plaintiff, .H.efiry Allan Pjt-ice, from á judgment, of the Supreme Court in faWr of the defendant, entered in the office of the clerk of the county of Kings on the 'Tth day of June, 1906, as resettled by an order entered in said clerk’s office on the 25th day .of June, 1906, upon the dismissal of the complaint, by' direction of the court after a trial at thé Kings County Trial Term. The state of the evidence was as follows: • By a' written contract dated October 20th, 1902, between the defendant and B, the plaintiff’s assignor, the latter bound himself to work for the…
1Opinion of the Court
Gaynor, J.:
This judgment should be affirmed. There was no consideration for the agreement to pay the additional $10,000 at the expiration of the term of sel1 vice, the promisee being already bound by the written contract to serve for the time and the yearly salaries therein fixed (Tolhurst v. Powers, 133 N. Y. 460; Arend v. Smith, 151 id. 502).
There is no room for the claim that the doubtful meaning of the contract (if it were doubtful) in respect of the amount of the salaries to be paid (“ not less than,” being the phrase) furnished a . consideration for the new agreement as a settlement of…
2Cases cited3 opinions
- Erben v. . LorillardNew York Court of Appeals · 1859
- Kramer v. KramerAppellate Division of the Supreme Court of the State of New York · 1904
- Tolhurst v. . PowersNew York Court of Appeals · 1892
3Cited by11 opinions
- Schwartzreich v. . Bauman-Basch, Inc.New York Court of Appeals · 1921
- Tyler v. WindelsAppellate Division of the Supreme Court of the State of New York · 1919
- De Vito v. PokoikAppellate Division of the Supreme Court of the State of New York · 1989
- Albert Z. Hodge v. Evans Financial CorporationCourt of Appeals for the D.C. Circuit · 1985
- Rosbach v. Sackett & Wilhelms Co.Appellate Division of the Supreme Court of the State of New York · 1909
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