Myers v. Steel Machine Co.
New Jersey Court of Chancery
On bill, answer and proofs. This bill is filed by George R. Myers, Joseph T. Kavenangh and George W. Howard, severally and jointly, trading as the American Machine Company, against the sole defendant-, the Steel Machine Company, a corporation of this state, asking that the defendant company be restrained from selling or attempting to sell certain described printing presses, which it is alleged the defendant is about to do, contrary to the terms of an agreement made by the…
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On bill, answer and proofs. This bill is filed by George R. Myers, Joseph T. Kavenangh and George W. Howard, severally and jointly, trading as the American Machine Company, against the sole defendant-, the Steel Machine Company, a corporation of this state, asking that the defendant company be restrained from selling or attempting to sell certain described printing presses, which it is alleged the defendant is about to do, contrary to the terms of an agreement made by the defendant with the complainants, and also asking that the defendant company may be decreed specifically to perform that…
1Opinion of the Court
Grey, V. C.
Some portion of the argument has been devoted to an ascertainment of the rights of the parties by construction of the contract of December 21st, 1901. The defendant contends that the contract by its express terms provides for the failure of the defendant to build the machines and furnishes to the complainants the exclusive remedy for such a failure. This is found in the clause which declared that
“in case the party of the first part [the defendant company] shall fail for three consecutive months to deliver two machines per month, then the complainants shall be at liberty to have…
2Cited by11 opinions
- Butterick Publishing Co. v. FisherMassachusetts Supreme Judicial Court · 1909
- Ideal Laundry Co. v. GugliemoneSupreme Court of New Jersey · 1930
- Nokol Company v. BeckerSupreme Court of Missouri · 1927
- Anderson v. Neal Institutes Co.California Court of Appeal · 1918
- Butterick Publishing Co. v. RoseWisconsin Supreme Court · 1910
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