Gminder v. Zeltner Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Zeltner Brewing Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 12th day of March, 1908, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendant’s demurrer to the amended complaint.
1Opinion of the Court
McLaughlin, J.:
The defendant demurred to the complaint upon the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled and it appeals.
The complaint alleges, in substance, that on the 1st of Jnly, 1907, the plaintiff, one Georges and the defendant entered into a contract by the terms of which the plaintiff and Georges were, for a period of five years, to devote their entire time and energy towards having the customers of the Northside Brewing Company purchase their lager beer exclusively from defendant, in consideration of which it agreed to…
2Cases cited1 opinion
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
3Cited by2 opinions
- Farm Supplies Corp. v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1934
- Oppenheimer v. SeligmanAppellate Division of the Supreme Court of the State of New York · 1914