Legal Opinion
West, Weir & Bartel, Inc. v. Mary Carter Paint Co.
New York Court of Appeals
Decided December 11, 1969PublishedCited by 92 opinions
1Opinion of the CourtJasen, J.
Mary Carter Paint Company (Mary Carter) is a manufacturer and distributor of paint and related products which in 1961 were sold at retail through approximately 600 franchised dealers and 80 company-owned stores located in 36 States throughout the country.
For a number of years prior to 1961, Mary Carter handled the advertising for its own stores. However, each franchise dealer placed his own advertising, selected his own media, directly entered into his own binding contracts with the media involved, and determined how much or how little he would spend on advertising, without limitation. The…
2Cases cited3 opinions
- Raleigh Associates, Inc. v. HenryNew York Court of Appeals · 1951
- Heller & Henretig, Inc. v. 3620-168th Street, Inc.New York Court of Appeals · 1951
- Johnson v. Western Union Telegraph Co.New York Court of Appeals · 1944
3Cited by92 opinions
- Teitelbaum Holdings, Ltd. v. GoldNew York Court of Appeals · 1979
- Hunt Ltd. v. Lifschultz Fast Freight, Inc.Court of Appeals for the Second Circuit · 1989
- Fed. Sec. L. Rep. P 97,956 David Broad v. Rockwell International CorporationCourt of Appeals for the Fifth Circuit · 1981
- Airco Alloys Division v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 1980
- Two Guys v. S.F.R. Realty AssociatesNew York Court of Appeals · 1984
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