Petrolia Manufacturing Co. v. Jenkins
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Maross Jenkins and another, 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 30th day of April, 1897, upon the decision of the court rendered after a trial at the New York Special Term. The action is brought upon a written contract executed March 28, 1896, between the defendant Maross Jenkins and the plaintiff’s assignors, James R. Pitcher and Aubrey H. Martin.
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Appeal by the defendants, Maross Jenkins and another, 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 30th day of April, 1897, upon the decision of the court rendered after a trial at the New York Special Term. The action is brought upon a written contract executed March 28, 1896, between the defendant Maross Jenkins and the plaintiff’s assignors, James R. Pitcher and Aubrey H. Martin. By this contract Pitcher & Martin agreed to obtain a suitable building in the city of New York, and place therein a plant for…
1Opinion of the Court
Barrett, J.:
The defense mainly relied upon is the alleged failure by the plaintiff to fulfill the covenants to be performed by its assignors under the contract of March 28, 1896. The principal breach alleged is a failure to manufacture and deliver true Coal Oil Johnny soap within the meaning of the contract. The contract does not define the composition of the soap and a resort to extrinsic evidence became necessary. A great variety of parol proof was taken which can be only briefly considered.
The objection of the defendants to the soap was that it did not contain a sufficient quantity of…
2Cases cited3 opinions
- Lindsay v. Jackson & McJimpseyNew York Court of Chancery · 1831
- Mansfield v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Fargo v. New York & New England RailroadNew York Supreme Court · 1893
3Cited by2 opinions
- Clarke v. Borough Asphalt Co.New York Supreme Court · 1916
- Yarslowitz v. BienenstockNew York Supreme Court · 1910