L. E. Waterman Co. v. Waterman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Arthur A. Waterman and another, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 14th day of February, Í899, upon the decision of the court, rendered after a trial at the New York Special Term, overruling the defendants’ demurrer to the plaintiff’s amended complaint.
1Opinion of the Court
McLaughlin, J.:
The complaint in this action alleged in substance that for a number of years the plaintiff had been selling fountain pens manufactured by it under certain letters patent to its customers, under an agreement that they were not to sell the pens purchased by them at less than the price fixed by the plaintiff, unless such customers should first give notice to the plaintiff of their desire so to do, and that in such case the plaintiff should have the first option to buy back all of such pens at cost price; that the plaintiff has over 4,000 customers in the United States, of which…
2Cases cited1 opinion
- Earle v. SoottNew York Supreme Court · 1874