Wayte v. Bowker Chemical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Walter J. Wayte, from an order of the Supreme Court, made at the Kings Special Term and entered in the office of the clerk of the county of Kings on the 26th day of October, 1920, striking from the second amended complaint certain matters as scandalous, and certain paragraphs as irrelevant and other- paragraphs as redundant.
1Opinion of the Court
Putnam, J.:
This second amended complaint has three causes of action. It first describes a new process of phosphoric acid to clarify *666sugar. It sets out that the contract sued upon to obtain orders was drawn by defendant’s attorneys, and that it contemplated mutual duties and obligations. The first cause of action is for $5,000 commissions on sales, which plaintiff obtained and defendant actually filled but has not paid over. The second cause of action is for orders given to and taken by defendant, but not filled or carried out. The third cause of action sets up that in 1916 defendant broke off…
2Cases cited5 opinions
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nAppellate Division of the Supreme Court of the State of New York · 1898
- Bogardus v. Metropolitan Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Stokes v. Star Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Rockwell v. DayAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by13 opinions
- Solomon v. LaGuardiaAppellate Division of the Supreme Court of the State of New York · 1944
- Hafnia Ham Co. v. Cheese Importing Co.New York Supreme Court · 1955
- Droesch Homes, Inc. v. PietrosNew York Supreme Court · 1945
- Tomasello v. TrumpNew York Supreme Court · 1961
- Yeshiva University v. EdelmanNew York Supreme Court · 1958
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