Wilcox v. Stern
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Max Stern, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 12th day of October, 1903, denying the defendant’s motion for a. commission to take testimony without the State of New York.
1Opinion of the Court
Hatch, J.:
The parties to this action entered into a written contract which gave to the plaintiffs the sole and exclusive right to sell a certain patent within a given date and at a specified minimum price. ' If the sale was made by the plaintiffs during that period, they became entitled to receive one-fourth of the¡ proceeds of the sale, and in any event, upon a sale, they were to receive the sum of $1,750. The contract was in the form of a letter, written by the plaintiffs to the defendant and sent to the latter in Germany where it was received by him. Under date of December 30,1902, the…
2Cases cited1 opinion
- Lazarus v. SchröderAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Treadwell v. ClarkNew York Supreme Court · 1904