Legal Opinion

Melodies, Inc. v. Mirabile

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1958PublishedCited by 10 opinions

1Opinion of the Court

Appeal by the defendant-appellant from a judgment of the City Court, City of Albany, in the amount of $2,000 arising as the result of a contract after a trial without a jury. The contract, which apparently was prepared by the plaintiff or its representatives, relates to installation of music service to the defendant’s bar. The gravamen of the complaint was that defendant breached the agreement by discontinuing the service. Defendant admitted the agreement but denied a breach thereof, and alleged as a separate defense that the agreement was merely a license which was terminable at will. By its…

2Cases cited5 opinions

  1. Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
  2. Seidlitz v. . AuerbachNew York Court of Appeals · 1920
  3. Schusterman v. C & F Caterers, Inc.City of New York Municipal Court · 1948
  4. United Merchants Realty & Improvement Co. v. American Billposting Co.New York Supreme Court · 1911
  5. Stemmerman v. KellyAppellate Division of the Supreme Court of the State of New York · 1912

3Cited by10 opinions

  1. P & M Vending Co., Inc. v. HALF SHELL, ETC.Colorado Court of Appeals · 1978
  2. Sweeney v. United Artists Theater Circuit, Inc.Colorado Court of Appeals · 2005
  3. Branko International, Inc. v. Saudi Arabian AirlinesDistrict Court, S.D. New York · 1989
  4. Lahti v. StateNew York Court of Claims · 1979
  5. Ski-View, Inc. v. StateNew York Court of Claims · 1985

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