Houk Mfg. Co. v. Cowen Co.
Court of Appeals for the Second Circuit
In Error to the District'Court of the United States for the Southern District of New York. Action at law by the Cowen Company against the Houk Manufacturing Company, Incorporated. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below and is hereinafter referred to as defendant.' The defendant in error was plaintiff below and is hereinafter referred to as plaintiff.
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In Error to the District'Court of the United States for the Southern District of New York. Action at law by the Cowen Company against the Houk Manufacturing Company, Incorporated. Judgment for plaintiff, and defendant brings error. The plaintiff in error was defendant below and is hereinafter referred to as defendant.' The defendant in error was plaintiff below and is hereinafter referred to as plaintiff. The plaintiff is a corporation organized and existing under the laws of the state of Massachusetts, and is regularly engaged in business in the borough of Manhattan, in the city of New York…
1Opinion of the Court
ROGERS,. Circuit Judge
(after stating the facts as above). The plaintiff conducts an advertising agency, and claims to have rendered *789services for defendant tinder an agreement that it would render bills to defendant at what the services cost the plaintiff, and that its compensation would be 15 per cent, of those net prices. The defendant, in opening the case to the jury, stated that there was á disputed item, or “job,” as it was called, involved in the plaintiff’s claim, and that it was not within the general agreement above referred- to, but was governed by a special agreement, which fixed a…
2Cases cited5 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- New York Evening Post Co. v. ChalonerCourt of Appeals for the Second Circuit · 1920
- Cowen Co. v. Houck Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Smith v. Standard Sanitary Mfg. Co.Court of Appeals for the Second Circuit · 1918
- Horton v. MendelsohnCourt of Appeals for the Third Circuit · 1918
3Cited by4 opinions
- ÆTNA LIFE INS. CO. v. McADOOCourt of Appeals for the Eighth Circuit · 1939
- Imhoff v. WalkerDistrict of Columbia Court of Appeals · 1947
- Tropi-Cal v. United StatesUnited States Customs Court · 1969
- Bowe v. WrightCourt of Appeals for the Eighth Circuit · 1922