Read v. Fox
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants,, Samuel B. Fox and another, from an interlocutory judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of. the county of New .York, on the ,19th day of December, 1906) upon the decision of the court, rendered after a trial-at the New York Special Term, overruling the defendants’ separate demurrers to the complaint, upon tlie grounds that the complaint does not state facts sufficient to constitute a cause of…
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Appeal by the defendants,, Samuel B. Fox and another, from an interlocutory judgment' of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of. the county of New .York, on the ,19th day of December, 1906) upon the decision of the court, rendered after a trial-at the New York Special Term, overruling the defendants’ separate demurrers to the complaint, upon tlie grounds that the complaint does not state facts sufficient to constitute a cause of action.
1Opinion of the Court
Scott, J.:
The action .is for damages for breach of. a contract. - The‘contract is attached to and made part of the complaint., It appears that plaintiff had an. agency contract with, the Warren Electric Manufacturing Company of S'andusky, 0., and the purpose of the contract was to provide for transferring that agency'contract to. the Turbine Engineering Company which was apparently controlled by .the defendants.» ■ - . ■ '
The contract provided that-300 shares of the stock of the Turbine Company should be transferred to plaintiff (which .was done), and that a voting trust should be. created…
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