Legal Opinion · Dissent

Fox v. International Hotel Co.

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1899Published

Appeal by the plaintiff, Mary A. Fox, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Erie on the 26th day of August, 1898, upon the decision of the court rendered after a trial before the court without a jury at the Erie Trial Term.

1DissentSpring, J.

The parties entered into an agreement which consisted of a written proposition made by the defendant and an acceptance by letter on the part of the plaintiff. The purport of the contract so made was, that plaintiff became the manager of the defendant’s summer hotel at Niagara Falls for the period of five years, at a compensation of $2,000 per year, with one-half of the net earnings, as defined in the proposition referred to. At the close of this written offer of the defendant occurs the following provision: “ It is further understood and agreed that this contract may be terminated by either…

2Cases cited7 opinions

  1. Born v. . SchrenkeisenNew York Court of Appeals · 1888
  2. Clark v. . DevoeNew York Court of Appeals · 1891
  3. Woolsey v. . FunkeNew York Court of Appeals · 1890
  4. Coleman v. . BeachNew York Court of Appeals · 1885
  5. Application of B.E.R.R. Co.New York Court of Appeals · 1891

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