Arnot v. Pittston & Elmira Coal Co.
New York Supreme Court
Appeal from a judgment entered in favor of the plaintiff upon a referee’s report. The action was brought by the plaintiff, as assignee of the claim, to recover on a quantum meruit the value of certain coal sold and delivered by the Butler Colliery Company to the defendant, and money advanced during the month of August, 1869. The Butler Colliery Company and the defendant were corporations engaged in the business of mining and selling coal.
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Appeal from a judgment entered in favor of the plaintiff upon a referee’s report. The action was brought by the plaintiff, as assignee of the claim, to recover on a quantum meruit the value of certain coal sold and delivered by the Butler Colliery Company to the defendant, and money advanced during the month of August, 1869. The Butler Colliery Company and the defendant were corporations engaged in the business of mining and selling coal. On August 3d, 1869, an agreement was entered into by and between the two corporations, by which the defendant agreed to take at a certain price and on…
1Opinion of the Court
Miller, P. J.:
I shall assume, for the purposes of this case, that the ninth paragraph of the contract between the Butler Colliery Company and the Pittston and Elmira Coal Company, which is as follows:
“ Ninth. The said party of the first part hereby agrees not to sell coal to any other party than the said party of the second part, to come north of the State line during the continuance of this agreement,” was illegal and void. Taking this view of the subject, the question arises, whether the contract is divisible, and embracing some provisions which are valid, standing alone, and there being an…
2Cases cited9 opinions
- Condit v. . BaldwinNew York Court of Appeals · 1860
- Woodworth v. . BennettNew York Court of Appeals · 1871
- The Saratoga County Bank v. . KingNew York Court of Appeals · 1870
- Leavitt v. . PalmerNew York Court of Appeals · 1849
- Clark v. Metropolitan BankThe Superior Court of New York City · 1854
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