Davis v. Dodge
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John L. Dodge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 11th day of February, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1907, denying the defendant’s motion for a new trial made upon the minutes.
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Appeal by the defendant, John L. Dodge, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 11th day of February, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1907, denying the defendant’s motion for a new trial made upon the minutes. The action was brought to recover damages for breach of the following contract of employment: • “6/19/05. “Agreement between R. L. Davis & John L. Dodge entered into on this date whereby they mutually agree that…
1Opinion of the Court
Rich, J.:
Upon the trial the learned justice presiding ruled that the words used in the contract, his entire business services,” and the omission to state or indicate the services to be performed by plaintiff made the contract ambiguous, and received parol evidence to explain their meaning and show their application. It had appeared in evidence without objection that for twenty-three years preceding the making of the contract the plaintiff had followed the business of a horse trainer and driver in races, developing trotting and pacing horses and making a specialty of driving in races, and at…
2Cases cited15 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Pierce v. Tennessee Coal, Iron & RailroadSupreme Court of the United States · 1899
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Cutter v. GilletteMassachusetts Supreme Judicial Court · 1895
- Hamilton v. LoveIndiana Supreme Court · 1899
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3Cited by12 opinions
- Marks v. . CowdinNew York Court of Appeals · 1919
- Granow v. AdlerArizona Supreme Court · 1922
- Carvill v. Mirror Films, Inc.Appellate Division of the Supreme Court of the State of New York · 1917
- Berger v. Urban Motion Picture Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1923
- Standard Scale & Supply Co. v. ReiterCourt of Appeals for the Seventh Circuit · 1912
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