Hollidge v. Gussow, Kahn & Co.

I regret I am not able to concur in the opinion. The record before this court presents issues which have troubled courts and have been the subject of much refining by the text writers.

The evidence on which the referee made his findings and from which he drew his conclusions was not before the District Court, and, perforce, is not before this court. While the order could have been accepted as an entirety, since the order was for 160,009 copies at a fixed price, or as a severable order composed of distinct units, since the copy, art work, and, editorials of each issue had to be approved by the…