In Re the Arbitration Between Kallus & Ideal Novelty & Toy Co.
New York Court of Appeals
I. Paragraph 7 of the agreement was void for indefiniteness, in failing, to provide the period of time of the license, and was a mere “ agreement to agree ”. P. P, Assn. v. Remington P. P. Co., 235 N. T. 338; St. Regis Paper Co. v. Hubbs & Hastings P. Co., 235 N. Y. 30; United Press v. New Yorlc Press Co., 164 N. Y. 406; Ansorge v. Kane, 244 N. Y. 395; Pratt Co., Inc., v. Roseman, 259 App. Div. 534; Mutual Life Ins.
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I. Paragraph 7 of the agreement was void for indefiniteness, in failing, to provide the period of time of the license, and was a mere “ agreement to agree ”. P. P, Assn. v. Remington P. P. Co., 235 N. T. 338; St. Regis Paper Co. v. Hubbs & Hastings P. Co., 235 N. Y. 30; United Press v. New Yorlc Press Co., 164 N. Y. 406; Ansorge v. Kane, 244 N. Y. 395; Pratt Co., Inc., v. Roseman, 259 App. Div. 534; Mutual Life Ins. Co. v. Stephens, 214 N. Y. 488; Matter of Buffalo & Erie By. Co., 250 N. Y. 275.) II. Because of the invalidity of paragraph 7, there is no arbitrable “ controversy ” between the…
1Opinion of the CourtLoughran, J.
The parties were formerly employer and employee and will be referred to as such for convenience’ sake. The terms of the employment were set forth in a letter written by the employer upon which the employee indorsed his acceptance on February 11, 1939. The material parts thereof are the following:
2. Tour services to the Corporation shall consist of designing, developing and supervising the manufacture and sale, and also selling a new line of Dolls, Toys and Novelties not manufactured heretofore by us # ⅜ *. In addition thereto, you will supervise the manufacture and sale, and you will also…
2Cases cited4 opinions
- Matter of Kramer Uchitelle, Inc.New York Court of Appeals · 1942
- Matter of FletcherNew York Court of Appeals · 1924
- Matter of SternNew York Court of Appeals · 1941
- In Re Buffalo & Erie Railway Co.New York Court of Appeals · 1929
3Cited by15 opinions
- Boston Printing Pressmen's Union v. Potter PressDistrict Court, D. Massachusetts · 1956
- In re the Arbitration between New York Central Railroad & Erie RailroadNew York Supreme Court · 1961
- Continental Bank Supply Co. v. International Brotherhood of BookbindersMissouri Court of Appeals · 1947
- In re the Arbitration between Transpacific Transport Corp. & Sirena Shipping Co., S. A.Appellate Division of the Supreme Court of the State of New York · 1959
- In re the Arbitration between Burkin & KatzAppellate Division of the Supreme Court of the State of New York · 1955
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