Taylor v. Enoch Morgan's Sons Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in excluding evidence tending to show the sense in which the contracting parties used certain of the terms found in the written agreement.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department entered upon an order made May 18, 1888, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The referee erred in excluding evidence tending to show the sense in which the contracting parties used certain of the terms found in the written agreement. (Agawam Bank v. Strever, 18 N. Y. 502, 510, 511; Goodrich v. Stevens, 5 Lans. 230, 231; Walrath v. Thompson, 4 Hill, 200, 201; Miller…
1Opinion of the CourtHaight, J.
This action was brought to recover commissions claimed to be due from the defendant on sales of merchandise. The claim was based upon a written contract; and the principal question brought up for review involves the interpretation of the contract.
The plaintiff had been for a number of years a traveling salesman for Colgate & Co., through the states of Hew York, Hew Jersey and Pennsylvania. The defendant was engaged in the manufacture and sale of soaps of various kinds, including sapolio.
The plaintiff first entered the employment of the defendant under an oral agreement whereby he was to…
2Cited by24 opinions
- Zupan v. BlumbergNew York Court of Appeals · 1957
- Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
- Hedeman v. Fairbanks, Morse & Co.New York Court of Appeals · 1941
- A. W. Fiur Co. v. Ataka & Co.Appellate Division of the Supreme Court of the State of New York · 1979
- Jacquin v. BoutardNew York Supreme Court · 1895
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