Wallace v. White
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Action by W. Garble Wallace against William Albert White. From an order of the City Court, denying his motion to vacate an order for his examination before trial, defendant appeals. Reversed.
1Opinion of the CourtGuy, J.
Plaintiff’s first cause of action, which is the only one material upon this appeal, is upon a written instrument dated March 13, 1913, by which the defendant, in consideration of the transfer to him of the plaintiff’s rights to certain letters patent, paid the sum of $250, and further agreed to pay plaintiff $150 annually for a period of 10 years, beginning March 13, 1914. The complaint alleges the breach of the agreement by defendant’s failure to pay the annual installments which became due in 1914 and 1915. Under paragraph third of the contract it was agreed:
“That in the event of the…
2Cases cited3 opinions
- Schweinburg v. AltmanAppellate Division of the Supreme Court of the State of New York · 1909
- H. G. Vogel Co. v. George Backer Construction Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Skolny v. RichterAppellate Division of the Supreme Court of the State of New York · 1909