Harrison v. . Glover
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Memorandum of decision below, 9 Hun, 196.) This action was brought by plaintiffs, who viere manufacturers of blankets, against defendants, who were commission merchants in the city of New York, to recover for an alleged unauthorized sale.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. (Memorandum of decision below, 9 Hun, 196.) This action was brought by plaintiffs, who viere manufacturers of blankets, against defendants, who were commission merchants in the city of New York, to recover for an alleged unauthorized sale. The referee found, in substance, the following facts: That in or about the month of April, in the year 1869, the parties entered into a contract in writing, whereby, among other…
1Opinion of the CourtAndrews, J.
• The restrictive clause in the contract that the blankets should not be sold “ for less than those made by Dobson & Scofield, of Philadelphia,” was inserted for the protection of the plaintiffs. They were to send their blankets to the defendants in New York, who were to sell them and account to the' plaintiffs for the price for which they should be sold, deducting five per cent from the billed price. They were to be sold in competition with the blankets of Dobson & Co. The clause in question was inserted to prevent the defendants from making sales at a less price than that at which the…
2Cases cited2 opinions
- Cliquot's ChampagneSupreme Court of the United States · 1866
- Lush v. DruseNew York Supreme Court · 1830
3Cited by24 opinions
- Sharp v. United StatesSupreme Court of the United States · 1903
- Virginia v. West VirginiaSupreme Court of the United States · 1915
- Westinghouse Air Brake Co. v. PittsburghSupreme Court of Pennsylvania · 1934
- City of Santa Ana v. HarlinCalifornia Supreme Court · 1893
- Appeal of Pennsylvania Co. for Insurances on Lives & Granting AnnuitiesSupreme Court of Pennsylvania · 1924
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