Friede v. White Co.
District Court, S.D. New York
At Law. Action by M. Sergey Friede against the White Company. On motion for judgment on pleadings as to one cause of action alleged. This is a motion under section 547 of the New York Oode of Civil Procedure . for an interlocutory judgment upon the pleadings dismissing- tlie second cause of action contained in the complaint. This cause of action is in substance as follows: Article First. That the plaintiff is a citizen of the state of New York and resides therein.
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At Law. Action by M. Sergey Friede against the White Company. On motion for judgment on pleadings as to one cause of action alleged. This is a motion under section 547 of the New York Oode of Civil Procedure . for an interlocutory judgment upon the pleadings dismissing- tlie second cause of action contained in the complaint. This cause of action is in substance as follows: Article First. That the plaintiff is a citizen of the state of New York and resides therein. Article Second. That the defendant is an Ohio corporation. Article Third. That the plaintiff was engaged in the sale among other…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above).
¡1] The case, although large in amount, is in narrow compass. It depends wholly upon the meaning of the language:
‘T agree * * that for a period of two years * * * all business with the Russian government shall be done through you.”
Does that mean “all sales which I shall conclude with the Russian government,” or “all orders which you shall transmit”? Does it give the plaintiff an indefinite option on the defendant’s production for two years regardless of the amount which he might require? The allegations themselves show that the Russian government was a large…
2Cases cited10 opinions
- Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
- Dineen v. MayAppellate Division of the Supreme Court of the State of New York · 1912
- E. I. Du Pont De Nemours Powder Co. v. SchlottmanCourt of Appeals for the Second Circuit · 1914
- Horton v. Hall & Clark Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Jacquin v. BoutardNew York Supreme Court · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baumer v. Franklin County Distilling Co.Court of Appeals for the Sixth Circuit · 1943
- Goodrum v. StateCourt of Appeals of Texas · 1942
- Stockton Commission Co. v. Narragansett Cotton Mills, Inc.District Court, D. Rhode Island · 1926
- O'Neill v. Eberhard Co.Oregon Supreme Court · 1921
- Bakhshandeh v. American Cyanamid Co.New York Supreme Court · 1955
5 more not listed; retrieve them via the Exa API.