Osborne Co. v. Franklin Mills Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Niagara county court. Action by the Osborne Company against the Franklin Mills Company on a quantum meruit. From a judgment of a county court affirming a judgment of a justice in favor of plaintiff, defendant appeals.
1Opinion of the CourtSpring, J.
The plaintiff is a foreign corporation, and had done-work in designing calendars to be used by defendant in advertising: *1014its business. On March 17, 1898, the- latter wrote to the plaintiff, inquiring if it could work up a certain design, and asking as to price, etc. In reply to this inquiry the plaintiff, by a letter of the date of January 24th, entered fully into the details essential to carry out the design desired by the defendant, including actual cost preparatory thereto, and offering to undertake the job, guarantying satisfactory results. The defendant replied to this letter January…
2Cases cited2 opinions
- Howard v. . DalyNew York Court of Appeals · 1875
- Waldron v. HendricksonAppellate Division of the Supreme Court of the State of New York · 1899