Jackson v. Alpha Portland Cement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Alpha Portland Cement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 18th day of September, 1906, upon the report of a referee. Plaintiff for several years has been a dealer in cement and other building materials in the city of Albany, N. T. The defendant is a manufacturer of building cement commonly known as “Alpha” cement.
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Appeal by the defendant, the Alpha Portland Cement Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Albany on the 18th day of September, 1906, upon the report of a referee. Plaintiff for several years has been a dealer in cement and other building materials in the city of Albany, N. T. The defendant is a manufacturer of building cement commonly known as “Alpha” cement. On December 28, 1901, plaintiff wrote defendant a letter asking the best price that the defendant would make on Alpha cement “ during the season of…
1Opinion of the Court
Per Curiam :
The paper of January 6,1902, standing by'itself lacks mutuality in that the plaintiff did not bind himself to make any sales of cement and hence constitutes no valid contract binding on either party. (Chicago & Great Eastern R. Co. v. Dane, 43 N. Y. 240 ; Commercial Wood & Cement Co. v. Northampton Portland Cement Co., 115 App. Div. 388 ; Rafolovitz v. American Tobacco Co., 73 Hun, 87.) Respondent, however, insists that such writing is but part of the agreement and that it must be construed in connection with the correspondence and conversations between the parties. Acceding to…
2Cases cited4 opinions
- Chicago & Great Eastern Railway Co. v. DaneNew York Court of Appeals · 1870
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Rafolovitz v. American Tobacco Co.New York Supreme Court · 1893
- Ellis v. . MillerNew York Court of Appeals · 1900
3Cited by10 opinions
- Oscar Schlegel Manufacturing Co. v. Peter Cooper's Glue FactoryNew York Court of Appeals · 1921
- Holtz v. OldsOregon Supreme Court · 1917
- Harvey v. J. P. Morgan & Co.City of New York Municipal Court · 1937
- McQuitty v. HartonCourt of Appeals of Texas · 1912
- Scott v. Cline Electric Manufacturing Co.California Court of Appeal · 1930
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