Barber Asphalt Paving Co. v. Standard Asphalt Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, The Barber Asphalt Paving Company, from a judgment of the Supreme Court in favor of the defendant, ■entered in the office of the clerk of the county of New York on the Utb day of January, 1899, upon the report of a referee.
1Opinion of the Court
Present—Van Brunt, P. J., Barrett, Rumsey, Patterson and O’Brien, JJ.
The following is the opinion of the referee:
Hamilton Odell, Referee:
The plaintiff imported and sold lake asphalt, and the defendant imported, refined and sold land asphalt, both from the island of ’Trinidad. They were business competitors in the markets of the Hnited States. In January, 1893, they entered into an agreement by which the plaintiff agreed to sell and deliver to the defendant ■such quantities of crude asphalt from the Trinidad pitch lake as the •defendant might require for the fulfilling of its contracts made,…
2Cases cited8 opinions
- Hatch v. Oil Co.Supreme Court of the United States · 1879
- Butler v. ThomsonSupreme Court of the United States · 1876
- Terry v. . WheelerNew York Court of Appeals · 1862
- Olyphant v. BakerNew York Supreme Court · 1848
- Smith v. . RobsonNew York Court of Appeals · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Bacon v. DavisCalifornia Court of Appeal · 1908
- Fries v. . MerckNew York Court of Appeals · 1901
- McCarty v. Noham Co.Appellate Division of the Supreme Court of the State of New York · 1926