Legal Opinion

United States Aluminum Co. v. Calvert Lithographing Co.

Appellate Terms of the Supreme Court of New York

Decided February 15, 1906PublishedCited by 5 opinions

Appeal by the plaintiff from a judgment of the Municipal Court of the city of Hew York, sixth district, borough of Manhattan, dismissing the complaint.

1Opinion of the CourtGiegerich, J.

I think the trial court was right in its disposition of this case. The contract provided that the defendant should pay “ $50 a year for each flat bed press and $150 per year for each rotary press on which it shall use aluminum in any way, being a total of $300 per year ”.

The contract is made on a printed form which, in its original condition, contained various blank spaces to be filled in, among others, the space in which the total of $300 was written in ink.

Further down in the contract, in another blank space, the presses, “ on which the license was granted ” are specifically described as…

2Cited by5 opinions

  1. Niagara Mohawk Power Corp. v. Graver Tank & Manufacturing Co.District Court, N.D. New York · 1979
  2. American MacHine & Metals, Inc. v. De Bothezat Impeller Co., IncCourt of Appeals for the Second Circuit · 1950
  3. American MacHine & Metals, Inc. v. De Bothezat Impeller Co.District Court, S.D. New York · 1949
  4. Arroyo & Valiente v. North British & Mercantile, Inc.Supreme Court of Puerto Rico · 1928
  5. Arroyo & Valiente v. North British & Mercantile InsuranceSupreme Court of Puerto Rico · 1928

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