Barber Asphalt Paving Co. v. Brand
New York Supreme Court
Appeal by Brand and Taylor from an interlocutory judgment overruling their separate demurrers to the complaint.
1Opinion of the CourtBarrett, J.
Brand’s demurrer is solely upon the ground that the complaint does not state facts sufficient to constitute a cause of action as against him. This complaint sets forth a contract between Brand and one Barber, whereby, for a good consideration, Brand covenanted “ not to sell asphalt to be used in the laying of sheet asphalt street pavements or in making asphalt blocks,” except to certain persons in Philardelphia, Baltimore, Washington and Brooklyn, for use in their respective cities. All rights acquired under this con*520tract were subsequently assigned to the plaintiff, who now charges a…
2Cases cited18 opinions
- Diamond Match Co. v. . RoeberNew York Court of Appeals · 1887
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Leslie v. . LorillardNew York Court of Appeals · 1888
- Bogardus v. . New York Life Ins. Co.New York Court of Appeals · 1886
- Masterson v. . TownshendNew York Court of Appeals · 1890
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