Hannay v. Zerban
City of New York Municipal Court
Appeal from trial term. Action by George B. F. Hannay against Andrew Zerban,- for breach of a contract made by the plaintiff with the Lenox Institute, of which the defendant is proprietor, June 18, 1888, in these words: “Mr. G.B.F.
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Appeal from trial term. Action by George B. F. Hannay against Andrew Zerban,- for breach of a contract made by the plaintiff with the Lenox Institute, of which the defendant is proprietor, June 18, 1888, in these words: “Mr. G.B.F. Hannay, City—Dear Sir: I hereby purpose to stipulate the terms and conditions under which you will act as teacher at the Lenox Institute: (1) It is intended that you shall teach mathematics, history, geography, and the branches of the English language, as you may be desired, and in accordance with-the requirements of the school. (2) That you will devote your entire…
1Per curiam
The contract must be construed so as to give force, effect, and meaning to each and every provision thereof, according to the presumed intention of the parties. Ripley v. Larmouth, 56 Barb. 21. Although the *98sixth clause contemplates a yearly hiring, it was, by operation of law, conditional upon the performance of certain reciprocal obligations. If the institute failed to pay salary according to the contract, the plaintiff had the right to withdraw from the service. If, on the other hand, the plaintiff failed to perform his duties in a proper manner, or if he misconducted himself, the…
2Cases cited1 opinion
- Ripley v. LarmouthNew York Supreme Court · 1865