Piretti v. Firestone Tire & Rubber Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Third Dis-„ trict. Action by Frank J. Piretti and another against the Firestone Tire & Rubber Company. From a judgment for. defendant after a trial, before the court without a jury, plaintiffs appeal.
1Opinion of the CourtGiegerich, J.
The plaintiffs sue to recover the agreed price of certain advertising published by them in a journal of which they are the proprietors. On April 23, 1908, an agreement, pursuant to which the publication was commenced, was entered into between the defendant and the former proprietors of the paper, to whose rights the present plaintiffs have succeeded. At that time the defendant signed and delivered to the plaintiffs’ assignors a writing in the following form:
“$18.75 per issue. Memorandum.
“Please insert in the New York Athletic Club Journal our advertisement, to occupy the space of lower half…
2Cases cited9 opinions
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Wilson v. . DeenNew York Court of Appeals · 1878
- Engelhorn v. . ReitlingerNew York Court of Appeals · 1890
- Lese v. . LamprechtNew York Court of Appeals · 1909
- Pitcairn v. Philip Hiss Co.Court of Appeals for the Third Circuit · 1903
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3Cited by3 opinions
- Edward Thompson Co. v. FosterSupreme Court of Kansas · 1917
- Anselwitz v. GreensteinAppellate Terms of the Supreme Court of New York · 1917
- Yager v. Ajax Chemical & Surgical Commodities, Inc.City of New York Municipal Court · 1924