Osborne Co. v. Franklin Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Franklin Mills Company, from a judgment of the County Court of Niagara county in favor of the plaintiff, entered in the office of the clerk of the county of Niagara on the 31st day of March, 1899, affirming a judgment of a justice $>f the peace in favor of the plaintiff.
1Opinion of the Court
Spring, J. :
The plaintiff is a foreign corporation, and had done work in designing calendars to be used by defendant in advertising" its business.
On March 17, 1898, the latter wrote to the plaintiff inquiring-if it could work up a certain design, and asking as to price, etc. In reply to this inquiry the plaintiff by a letter of the date of January twenty-fourth, entered fully into the details essential to carry, out. the design desired by the defendant, including actual cost preparatory thereto, and offering to undertake the job, guaranteeing satisfactory results.
The defendant replied to this…
2Cases cited2 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Waldron v. HendricksonAppellate Division of the Supreme Court of the State of New York · 1899