Petrolia Mfg. Co. v. Jenkins
Appellate Division of the Supreme Court of the State of New York
' Appeal from special term, New York county. Action by the Petrolia Manufacturing Company against Maross Jenkins and the Coal Oil Johnny Soap Company. From a judgment for plaintiff, defendants appeal. The action is brought upon a written contract, executed March 28, 189G, between the defendant Maross Jenkins and the plaintiff’s assignors, James R. Pitcher and Aubrey H. Martin.
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' Appeal from special term, New York county. Action by the Petrolia Manufacturing Company against Maross Jenkins and the Coal Oil Johnny Soap Company. From a judgment for plaintiff, defendants appeal. The action is brought upon a written contract, executed March 28, 189G, between the defendant Maross Jenkins and the plaintiff’s assignors, James R. Pitcher and Aubrey H. Martin. By this contract, Pitcher & Martin agreed to obtain a suitable building in the city of New York, and place therein a plant for the manufacture of certain brands of soap, known as “Coal Oil Johnny,’’ “Petrolia,” and…
1Opinion of the CourtBarrett, J.
The defense mainly relied upon is the alleged failure by the plaintiff to fulfill the covenants to be performed by its assignors under the contract of March 28, 1896. The principal breach alleged is a failure to manufacture and deliver true Coal Oil Johnny soap, within the meaning of the contract. The contract does not define the composition of the soap, and a resort to extrinsic evidence became necessary. A great variety of parol proof was taken, which can he only briefly considered.
The objection of the defendants to the soap was that it did not contain a sufficient quantity of petroleum.…
2Cases cited2 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Fargo v. New York & New England RailroadNew York Supreme Court · 1893
3Cited by1 opinion
- Yarslowitz v. BienenstockNew York Supreme Court · 1910