McCraith v. Buss
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Ike Buss, from a 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 11th day of October, 1920, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Smith, J..
The plaintiff sues upon a contract for commissions for procuring a contract in defendant’s behalf with the United States government for the making of garments. He sets up the making of the contract, the performance of the services and the number of garments manufactured, which would determine the measure of his compensation.
The main question in the case arises over the first defense. The first affirmative defense is that upon the 8th day of October, 1917, which was the date of the contract as alleged in the plaintiff’s complaint, the plaintiff and defendant agreed that the plaintiff…
2Cases cited1 opinion
- Beck v. BaumanAppellate Division of the Supreme Court of the State of New York · 1919
3Cited by7 opinions
- Ambatielos v. Foundation Co.New York Supreme Court · 1952
- Bradford v. Durkee Marine Products Corp.New York Supreme Court · 1943
- 97 Fifth Avenue Corp. v. SchatzbergAppellate Division of the Supreme Court of the State of New York · 1954
- Morgenstern v. CohonAppellate Division of the Supreme Court of the State of New York · 1956
- Mattera v. MeleAppellate Division of the Supreme Court of the State of New York · 1942
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