Legal Opinion

National Harrow Co. v. E. Bement & Sons

Appellate Division of the Supreme Court of the State of New York

Decided October 15, 1897PublishedCited by 5 opinions

Appeal by the defendant, E. Bement & Sons, from a judgment ■of the Supreme Court in favor of the plaintiff, entered in the office ■of-the clerk of the county of Oneida on the 11th day of June, 1895, upon the report of a referee awarding $20,985 damages and $1,535.23 costs; total, $22,520.23, and adjudging that defendant specifically perform certain contracts and be restrained from violating them.

1Opinion of the Court

Follett, J.:

This action was begun October 10, 1894, to compel the defendant to account for harrows sold pursuant to two contracts called licenses, ■dated April 1,1891, and to recover damages for sales alleged to have been made in violation of the licenses, and for a judgment restraining the defendant 'from making future sales in contravention of such licenses. In effect the action is to compel the defendant specifically to perform the contracts entered into between the litigants April T, 1891, and to recover damages accruing before the commencement of the action for the violation of the…

2Cases cited3 opinions

  1. Leonard v. . PooleNew York Court of Appeals · 1889
  2. People v. Milk Exchange, Ltd.New York Court of Appeals · 1895
  3. Strait v. National Harrow Co.New York Supreme Court · 1891

3Cited by5 opinions

  1. Murphy v. Christian Press Ass'n Publishing Co.Appellate Division of the Supreme Court of the State of New York · 1899
  2. People v. KlawNew York Court of General Session of the Peace · 1907
  3. Murphy v. Christian Press Ass'n Pub. Co.Appellate Division of the Supreme Court of the State of New York · 1899
  4. John D. Park & Sons Co. v. National Wholesale Druggists' Ass'nNew York Court of Appeals · 1903
  5. National Harrow Co. v. BementAppellate Division of the Supreme Court of the State of New York · 1898

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