William J. Dixon & Co. v. Bronston Bros. & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William J. Dixon & Company, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of January, 1916, denying its motion to compel defendant separately to state and number its defenses and counterclaims and to make its defenses and counterclaims more definite and certain.
1Opinion of the Court
Laughlin, J.:
This is an action for damages for the breach of a contract alleged to have been made between the parties on the 1st day of December, 1911, by which defendant employed the plaintiff as its sales agent for its entire output of children’s, boys’ and men’s hats and millinery goods in certain territory on a commission basis for the period commencing July 1, 1912, and ending on the 30th day of June, 1915, the defendant, however, reserving to itself the right to sell direct to “the men’s retail hat trade ” without liability to plaintiff for commissions. The defendant by its answer has…
2Cases cited2 opinions
- Stroock Plush Co. v. TalcottAppellate Division of the Supreme Court of the State of New York · 1908
- Browning, King & Co. v. TerwilligerAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- Kaiser Trading Co. v. Associated Metals & Minerals Corp.District Court, N.D. California · 1970
- Hal Roach Studios, Inc. v. Film Classics, Inc.Court of Appeals for the Second Circuit · 1946
- Levi v. L. A. Thompson Scenic RailwayAppellate Terms of the Supreme Court of New York · 1926