Wilmerding v. Feldman
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from a judgment of the Oity Court of the city of ¡New York rendered in favor of the plaintiffs upon a verdict. Action for breach of contract to purchase certain goods.
1Opinion of the CourtBisohoee, J.
The issue was whether the plaintiffs’ assignor, Akawo, had observed the condition of the contract in suit whereby he agreed not to sell to competitors of the defendants any of the samples of matting covered by the contract and ordered, by the defendants. There was a conflict of fact upon the question, the defendants having 'given evidence to show that certain of their local competitors had received some small amount of the matting for sale, and the testimony for the plaintiffs, being to the effect that their assignor had made no sale or delivery of such goods to persons other than the…
2Cases cited1 opinion
- Wiles v. ProvostAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Jones v. Marmac Construction Co.City of New York Municipal Court · 1913