Wynkoop Hallenbeck Crawford Co. v. Western Union Telegraph Co.
New York Court of Appeals
Assuming that the party to whom the overhead was to be “ satisfactory ” was the other party to the contract, nevertheless this provision of the contract was not illegal but valid, meant precisely what it said, and required that the other party be satisfied in fact as distinguished from what the referee might conclude it should reasonably have been satisfied with.
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Assuming that the party to whom the overhead was to be “ satisfactory ” was the other party to the contract, nevertheless this provision of the contract was not illegal but valid, meant precisely what it said, and required that the other party be satisfied in fact as distinguished from what the referee might conclude it should reasonably have been satisfied with. (American Law Institute, Restatement of Law of Contracts, § 265; Smith v. Robson, 148 N. Y. 252; Kramer v. Wien, 92 Mise. Rep. 159; Zahler v. Mann, 97 Mise. Rep. 19; Isbell v. Anderson Carriage Co., 170 Mich. 304; United States v.…
1Opinion of the CourtLottghran, J.
Plaintiff, a printing concern, agreed with Western Electric Company to supply stationery to defendant at fixed prices for a stated period. Defendant was the principal of Western Electric Company and is here its assignee. Caught by the rising cost of labor and material, plaintiff sought and obtained a modification of the contract whereby the measure of its compensation was changed to “ cost of production ” plus defined percentages of profit. The agreement, as so modified and as renewed from time to time, made this provision: “ The phrase ‘ cost of production ’ as employed in this agreement…
2Cases cited2 opinions
- Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
- Dairymen's League Co-operative Ass'n v. HolmesAppellate Division of the Supreme Court of the State of New York · 1924
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- Weight Watchers of Quebec Ltd. v. Weight Watchers International, Inc.District Court, E.D. New York · 1975
- Boston Road Shopping Center, Inc. v. Teachers Insurance & Annuity Ass'nAppellate Division of the Supreme Court of the State of New York · 1961
- Conditioned Air Corp. v. Rock Island Motor Transit Co.Supreme Court of Iowa · 1962
- Fursmidt v. Hotel Abbey Holding Corp.Appellate Division of the Supreme Court of the State of New York · 1960
- Hortis v. Madison Golf Club, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
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