Washington Glass Co. v. Benjamin
New York Supreme Court
Appeal'from special term, Hew York county. Action by the Washington Glass Company against Edmund B. Benjamin and another to recover for breach of a contract by defendants to sell glass for plaintiff, and collect and turn over the proceeds. Defendants set up a counter-claim for breach of the same contract by plaintiff. Plaintiff appeals from an order denying leave to discontinue on payment of costs, and from an order denying a motion for a reargument.
1Opinion of the CourtDaniels, J.
The plaintiff is a corporation formed and existing under the laws of the state of Pennsylvania, and there engaged in the manufacture of glassware. By a contract entered into with the defendants, the plaintiff agreed to sell and deliver glass manufactured by it, as that should be directed by the defendants, for which they were to receive a certain commission or deduction from the price of the sales, amounting to the sum of 10 per cent. They were to collect the bills, and turn over the money to the plaintiff after making this deduction. It is averred in the complaint that they failed to do this…
2Cases cited4 opinions
- Carleton v. . DarcyNew York Court of Appeals · 1878
- Wilder v. BoyntonNew York Supreme Court · 1872
- Geenia v. KeahNew York Supreme Court · 1873
- Campbell v. CampbellNew York Supreme Court · 1877