Smith v. Johannsen
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Herman S. Johannsen, 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 7th day of June, 1921, upon the decision of the court rendered after a trial at the New York Special Term requiring defendant to account and appointing a referee to take and state the account.
1Opinion of the Court
Laughlin, J.:
This is a suit in equity for the cancellation and rescission of an agreement in writing made between the parties on the 18th of September, 1917, which expressly superseded and rendered void all prior contracts and agreements between the parties. At the time that agreement was made there were three outstanding existing contracts between the parties. The first agreement was made on the 18th of August, 1916, in contemplation of an agreement to be entered into between the defendant and the J. H. Hansen Company, by which the defendant was to sell Skandia marine oil engines and…
2Cases cited5 opinions
- Hosley v. . BlackNew York Court of Appeals · 1863
- Clarke Contracting Co. v. . City of New YorkNew York Court of Appeals · 1920
- Freeman v. MillerAppellate Division of the Supreme Court of the State of New York · 1913
- Shapiro v. BenensonAppellate Division of the Supreme Court of the State of New York · 1917
- Ludwig v. Pusey & Jones Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Fink v. FriedmanNew York Supreme Court · 1974