Wood v. Lucy, Lady Duff-Gordon
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Lucy, Lady Duff-Gordon, 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 6th day of January, 1917, denying defendant’s motion for judgment on the pleadings consisting of an amended complaint and a demurrer thereto.
1Opinion of the Court
Davis, J.:
The question to be determined is whether the complaint states facts sufficient to constitute a cause of action. The action is brought upon a written agreement which is set forth in full in the complaint. The defendant claims that the agreement is not enforcible against the defendant for lack of mutuality and consideration.
This agreement recites that the defendant occupies a unique and high position as a creator of fashion in America, England and France and that her personal approval and indorsement over her own name of certain articles, fabrics and adjuncts of fashion has a distinct…
2Cases cited2 opinions
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.New York Court of Appeals · 1907