Legal Opinion
Harry W. Applegate, Inc. v. Stature Electric, Inc.
Court of Appeals for the Sixth Circuit
Decided December 19, 2001No. 00-4050PublishedCited by 5 opinions
1Opinion of the Court
OPINION
MERRITT, Circuit Judge.
Plaintiff Harry W. Applegate, Inc. brings a diversity action for breach of contract against Defendant Stature Electric, Inc. (“Stature”), alleging failure to pay commissions on orders solicited by the Plaintiff and placed both prior and subsequent to its termination. Because the governing state law provides for the payment of commissions on specific orders placed prior to termination, see McCaskey v. Cumberland Glass Mfg. Co., 193 A.D. 856, 184 N.Y.S. 360 (1920), affirmed 233 N.Y. 552, 135 N.E. 914 (1922), and because there is no contractual provision to the…
2Cases cited6 opinions
- Clark-Fitzpatrick, Inc. v. Long Island Rail RoadNew York Court of Appeals · 1987
- J.Z.G. Resources, Inc. v. Shelby Insurance CompanyCourt of Appeals for the Sixth Circuit · 1996
- Sayers v. Rochester Telephone Corp. Supplemental Management Pension PlanCourt of Appeals for the Second Circuit · 1993
- UWC, Inc. v. Eagle Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- McCaskey v. Cumberland Glass Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1920
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Aerel, S.R.L. v. Pcc Airfoils, L.L.C.Court of Appeals for the Sixth Circuit · 2006
- Aerel, S.R.L. v. PCC Airfoils, L.L.C.District Court, N.D. Ohio · 2005
- Aerel S.R.L. v. PCC Airfoils, LLCCourt of Appeals for the Sixth Circuit · 2006
- Commercial Lubricants, LLC v. Safety-Kleen Systems, Inc.District Court, E.D. New York · 2021
- RBS Investments, LLC v. ProAct, Inc.District Court, E.D. Michigan · 2025