Legal Opinion

Burr v. American Spiral Spring Butt Co.

New York Court of Appeals

Decided June 1, 1880PublishedCited by 13 opinions

Appeal from order of General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendant entered upon the report of a referee. (Reported below, 17 Hun, -188.) This action was brought upon a contract between the parties, the material portions whereof, as well as the pertinent facts proved, are set forth in the opinion.

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Appeal from order of General Term of the Supreme Court, in the second judicial department, reversing a judgment in favor of defendant entered upon the report of a referee. (Reported below, 17 Hun, -188.) This action was brought upon a contract between the parties, the material portions whereof, as well as the pertinent facts proved, are set forth in the opinion. The referee found that the parties entered into the contract, that plaintiffs published the book described, with the article therein stipulated for in said contract, but that plaintiffs failed to show “ that said book had been sold…

1Opinion of the Court

Per Curiam. *

The agreement between the parties provided for publishing, in a book to be called “ The great Industries of the United States,” an advertisement of the defendant’s business, at a compensation measured by the number of books sold. It recited that the plaintiffs were about to publish such a book, which would be sold by subscription through their authorized agents in every State in the Union and in Canada •; that in the work was to be inserted an article containing six pages of reading matter setting forth the name, “ biography,” and-business of the defendant, and then followed the…

2Cases cited1 opinion

  1. Burr v. CromptonMassachusetts Supreme Judicial Court · 1875

3Cited by13 opinions

  1. Pan-American Petroleum Transp. Co. v. Robins Dry Dock & Repair Co.Court of Appeals for the Second Circuit · 1922
  2. Ross v. RossAppellate Division of the Supreme Court of the State of New York · 1931
  3. Frenchman & Sweet, Inc. v. Philco Discount Corp.Appellate Division of the Supreme Court of the State of New York · 1964
  4. People v. . LeeNew York Court of Appeals · 1887
  5. In Re Universal Service Fund Telephone BillingCourt of Appeals for the Tenth Circuit · 2010

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