Orester v. Dayton Rubber Manufacturing Co.
New York Court of Appeals
Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 19, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 19, 1919, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The trial court committed reversible error in admitting evidence of the price at which Orester sold as evidence of the market price, in charging the jury that they might award to the plaintiff as damages the difference between the contract price and the market price as established by…
1Opinion of the CourtAndrews, J.
It seems that motor tires are made by various manufacturers and sold under different trade names. The defendant makes what is known as the “ Dayton Pneumatic Tire.” Apparently it had never been introduced in Syracuse. For the purpose, therefore, of creating a demand for it and of distributing it through authorized dealers the defendant agreed to manufacture, sell and deliver to the plaintiff such tires as he might require at a reduction from its list prices as they might be fixed from time to time and further agreed that the plaintiff should have the sole right to distribute and sell these…
2Cases cited9 opinions
- Baldwin v. . the United States Telegraph Co.New York Court of Appeals · 1871
- Cahen v. . PlattNew York Court of Appeals · 1877
- Todd v. . GambleNew York Court of Appeals · 1896
- Saxe v. . Penokee Lumber Co.New York Court of Appeals · 1899
- Wemple v. StewartNew York Supreme Court · 1856
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- Bernstein v. Crazy Eddie, Inc.District Court, E.D. New York · 1988
- Ehrenworth v. . Stuhmer Co.New York Court of Appeals · 1920
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Fifty States Management Corp. v. Niagara Permanent Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1977
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