Perley v. Shubert
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant,. Lee ■ Shubert, from a judgment of the Supreme Court in favor of the plaintiff, .entered in the office of the clerk of the county of New York on the 26th day of February, 1907, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 26tli day of February, 1907, denying the defendant’s motion for a new trial made upon the mimites.
1Opinion of the Court
Clarke, J.:
This is an action to recover $25,000 as liquidated damages for breach of contract. On July 28,1905, the plaintiff and the defendant, theatrical managers, entered into an agreement in writing which by its terms was to commence on September 1, 1905, and continue for five years, with provisions for renewal for an additional five years. The contract is voluminous, covering some sixteen pages.of the printed record, and containing seventeen separately numbered paragraphs. Its many stipulations or covenants are of varying degrees of importance. It provides that the defendant should submit…
2Cited by3 opinions
- Brownold v. RodbellAppellate Division of the Supreme Court of the State of New York · 1909
- In re Liberty Doll Co.District Court, S.D. New York · 1917
- Fehlinger v. BoosNew York Supreme Court · 1908