Davis Provision Co. v. Fowler Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal from judgment on report of referee. Action by the Davis Provision Company against Fowler Bros., Limited, and another. From a judgment for plaintiff upon the report of a referee, defendants appeal. Reversed. Argued before PABKER, P. J., and LANDON, HERRICK, PUTNAM, and MERWIN, JJ.
1Opinion of the CourtLandon, J.
The claimed and has recovered a commission of 1 per cent, upon all meats purchased by the plaintiff directly of the defendant the Anglo-American Provision Company during the period from July, 1889, to June 24,1891. The parties began dealing with each other in 1886, under an agreement that the defendant the Anglo-American Company should allow the plaintiff this commission. Said defendant did allow it until July, 1889, and then stopped the commission until June 24, 1891, and thereafter allowed it. The defendant’s contention is that in July, 1889, the allowance was stopped by the mutual…
2Cases cited1 opinion
- Davis Provision Co. v. Fowler Bros.Appellate Division of the Supreme Court of the State of New York · 1897