Burke, Kuipers & Mahoney, Inc. v. Dallas Dispatch Co.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtO’Malley, J.
Plaintiff seeks damages for the unexpired term of a contract whereby it was to procure advertising for defendant’s newspaper at specified rates of commission. Payment in full has been made with respect to the executed portion.
The evidence was clearly sufficient to justify a finding to the effect that there was a valid agreement in writing between the parties which was breached by the defendant. We are of opinion, however, that there was insufficient evidence to justify a verdict in the sum of $10,000, as directed by the trial justice, sitting without a jury.
The relation between the parties…
2Cases cited1 opinion
- Ware Bros. v. Cortland Cart & Carriage Co.New York Court of Appeals · 1908
3Cited by4 opinions
- Harry M. Perrin v. Daniel PearlsteinCourt of Appeals for the Second Circuit · 1963
- West, Weir & Bartel, Inc. v. Mary Carter Paint Co.Appellate Division of the Supreme Court of the State of New York · 1968
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945
- Madeirense Do Brasil S/A v. Stulman-Emrick Lumber Co.Court of Appeals for the Second Circuit · 1945