Commercial Wood & Cement Co. v. Northampton Portland Cement Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered November 15, 1906, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The contract was neither unusual nor extraordinary, hut was one pertaining to the ordinary business of the defendant and fully within the powers conferred on the executive committee. (S. El. L. Co. v. C. Nat. Bank, 127…
1Opinion of the CourtGray, J.
The plaintiff and the defendant are corporations, organized under the laws of the state of Delaware, and having offices for the conduct of their business in the city of New York. The business of the defendant is the manufacture and sale of cement and that of the plaintiff the marketing and selling of that material. A contract was executed by their presidents, whereby the agreement of the defendant was that the plaintiff should be its sole selling agent for the entire output of its cement for a term of years, and this action was brought by the plaintiff to recover damages for the breach of the…
2Cited by4 opinions
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- Robinson v. BenbowCourt of Appeals for the Fourth Circuit · 1924
- Fensterer v. Pressure Lighting Co.City of New York Municipal Court · 1914
- Wood v. Lucy, Lady Duff-GordonAppellate Division of the Supreme Court of the State of New York · 1917