Ellis v. . Miller
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The contract contains reciprocal obligations based upon a sufficient consideration binding on both parties. (K. B. & Co. v. F. Mfg.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered ¡November 18, 1897, affirming a judgment in favor of plaintiff entered upon a verdict directed by the court. The nature of the action and the facts, so far as material, are stated in the opinion. The contract contains reciprocal obligations based upon a sufficient consideration binding on both parties. (K. B. & Co. v. F. Mfg. Co., 78 Iowa, 679; Rapoloritz v. A. T. Co., 73 Hun, 87.) When the language of a contract is obscure or doubtful, and does not furnish conclusive evidence of…
1Opinion of the CourtCullen, J.
The. plaintiff sued for a balance due on account of goods sold and delivered. The answer admitted' the claim, but set up two counterclaims for damages for plaintiff’s breach of an agreement under which the goods were sold. The plaintiff was a manufacturer of cigarettes. The defendants were large dealers and jobbers in cigarettes and other manufactures of tobacco. After having had business together for some time the parties executed this written instrument: “This agreement, made this 18th day of September, one thousand eight hundred and ninety-four, between H. Ellis & Company, of Baltimore,…
2Cases cited1 opinion
- Vandegrift v. . Cowles Engineering Co.New York Court of Appeals · 1900
3Cited by8 opinions
- Moran v. . Standard Oil Co.New York Court of Appeals · 1914
- Heyman Cohen & Sons, Inc. v. M. Lurie Woolen Co.New York Court of Appeals · 1921
- N. E. D. Holding Co. v. McKinleyNew York Court of Appeals · 1927
- Benedict v. . PincusNew York Court of Appeals · 1908
- Saltzman v. BarsonNew York Court of Appeals · 1925
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