Rascovor v. American Linseed Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error by plaintiff below to review a judgment in favor of defendant in error, who was defendant below. The cause was tried in the Circuit Court, Southern District of New York. The facts were stipulated, and at the conelusion of the trial the court directed a verdict for the defendant, to which exception was duly reserved.
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In Error to the Circuit Court of the United States for the Southern District of New York. This cause comes here upon a writ of error by plaintiff below to review a judgment in favor of defendant in error, who was defendant below. The cause was tried in the Circuit Court, Southern District of New York. The facts were stipulated, and at the conelusion of the trial the court directed a verdict for the defendant, to which exception was duly reserved. The facts sufficiently appear in the opinion.
1Opinion of the Court
LACOMBE, Circuit Judge.
The plaintiff sues as surviving partner of the firm of Albert Frank & Co. to recover the sum of $20,792.19, with interest, on a contract for newspaper advertising performed by said firm. The contract was made with the firm by the president and vice president of the defendant company assuming to act on its behalf in pursuance of a resolution of its board of directors. The advertisement was published in the various newspapers of eight large cities. It consisted of a letter or circular authorized by said resolution to be published, and is as follows:
“American Linseed…
2Cited by3 opinions
- Hall v. Trans-Lux Daylight Picture Screen Corp.Court of Chancery of Delaware · 1934
- Yoakam v. Providence Biltmore Hotel Co.District Court, D. Rhode Island · 1929
- Streett v. LaClede-Christy CompanySupreme Court of Missouri · 1966