Ware Bros. v. Cortland Cart & Carriage Co.
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1912, reversing a judgment in favor of plaintiff entered upon a verdict directed hy the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract differs from that of the ordinary employment of servants, as this court has heretofore announced.
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Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered January 9, 1912, reversing a judgment in favor of plaintiff entered upon a verdict directed hy the court and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract differs from that of the ordinary employment of servants, as this court has heretofore announced. It was not necessary for plaintiff to show affirmatively that it made any effort to secure another advertiser, and defendant failed to prove facts which…
1Opinion of the CourtChase, J.
The plaintiff is the publisher of a monthly trade journal known as “The Vehicle Dealer.” The defendant is a manufacturer of vehicles and had an advertisement in said journal covering the page facing the hack cover for the year ending with. the issue of March 15, 1903, for which it paid six hundred dollars. About March 14, 1903, a representative of the plaintiff, called upon the defendant and solicited a renewal of the contract for such advertisement. It resulted in an order and contract in writing as follows:
“Messrs. Ware Bros., Publishers, $350.00
“ Fahnestock Building, Cherry street Below…
2Cases cited2 opinions
- Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1908
- Ware Bros. v. Cortland Cart & Carriage Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by9 opinions
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Barron G. Collier, Inc. v. KindySupreme Court of Minnesota · 1920
- Barnebey v. Barron G. Collier, Inc.Court of Appeals for the Eighth Circuit · 1933
- Locks v. WadeNew Jersey Superior Court Appellate Division · 1955
- La Chicotte v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
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