United Press v. . New York Press Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1898, 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.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 27, 1898, 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. Notwithstanding the language of the contract bound the defendant to pay a sum “ not exceeding $300 per week,” the defendant, by paying that sum for a long period, without objection and with uniform regularity, bound itself by a practical construction of the contract to pay that sum during…
1Opinion of the CourtGray, J.
This action was brought to recover damages for the breach of a contract in writing entered into between the parties, wherein the plaintiff agreed to deliver to the defendant the night news report of the former for publication every morning in the city of New York and the defendant agreed to receive the said news report, “ and to pay to the first party (the plaintiff) therefor a sum not exceeding three hundred dollars dwri/ng each and every week that said news report is received by the second party (the defendant) until the first day of January in the year 1900, it being understood and agreed…
2Cases cited6 opinions
- Parkhurst v. Van CortlandtNew York Court of Chancery · 1814
- Drake v. . SeamanNew York Court of Appeals · 1884
- Stone v. . BrowningNew York Court of Appeals · 1877
- Kennedy v. McKoneAppellate Division of the Supreme Court of the State of New York · 1896
- Buckmaster v. Consumers' Ice Co.New York Court of Common Pleas · 1874
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3Cited by93 opinions
- John Hetherington & Sons, Ltd. v. William Firth Co.Massachusetts Supreme Judicial Court · 1911
- Varney v. . DitmarsNew York Court of Appeals · 1916
- St. Regis Paper Co. v. Hubbs & Hastings Paper Co.New York Court of Appeals · 1923
- Outlet Embroidery Co. v. Derwent Mills, Ltd.New York Court of Appeals · 1930
- Schloss v. DavisCourt of Appeals of Maryland · 1957
88 more not listed; retrieve them via the Exa API.