Sampson v. Grand Rapids School Furniture Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Grand Rapids School Furniture Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 20th day of June, 1900, upon the decision of the court rendered after a trial at the Broome Special Term overruling the defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 20th day of June, 1900, upon which such…
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Appeal by the defendant, The Grand Rapids School Furniture Company, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 20th day of June, 1900, upon the decision of the court rendered after a trial at the Broome Special Term overruling the defendant’s demurrer to the complaint, and also from an order entered in said clerk’s office on the 20th day of June, 1900, upon which such judgment was entered. The ground of the demurrer is that the complaint does not state facts sufficient to constitute a cause…
1Opinion of the Court
Merwin, J.:
From the allegations of the complaint it may be inferred that there was some arrangement between Devereaux & Co. and the defendant under which the firm at some time was engaged in selling goods for the defendant on commission. It is not alleged what that arrangement was. A party seeking to recover on a contract must allege as well as prove what it was.
Assuming that it may be inferred that the firm was working for the defendant at its request, the amount of work done, and the agreed price, if there was one, or the value, should be alleged. . Proof of those facts would be essential…
2Cited by10 opinions
- Tate v. American Woolen Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Davis v. WilsonAppellate Division of the Supreme Court of the State of New York · 1912
- Clements v. W. S. Cooper Co.New York Supreme Court · 1912
- Poland v. HollanderNew York Supreme Court · 1909
- Sparks v. DucasAppellate Division of the Supreme Court of the State of New York · 1908
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