Fries v. . Merck
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1899, upon an order reversing a judgment in favor of plaintiffs entered upon the report of a referee and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
Read the full summary
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 8, 1899, upon an order reversing a judgment in favor of plaintiffs entered upon the report of a referee and dismissing the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The express terms of the first clause of the agreement show conclusively that the parties only contemplated, first, a present sale, or, second, an executory sale which becomes -a completed sale consummated upon the billing and delivery of each bill of goods…
1Opinion of the CourtMartin, J.
This action was brought for commissions and for an accounting under a written contract between the parties dated May 1, 1896. By the first paragraph it was agreed that from May 1, 1896, until the letters patent thereon should legally expire, or as long as the contract remained in force as therein provided, the defendants should pay to the plaintiffs fifty cents for each and every pound of saccharine of the strength of five hundred or four hundréd and fifty and proportionately per pound on other strengths used by the defendants. or sold and delivered by them to the plaintiffs or any. person,…
2Cases cited1 opinion
- Barber Asphalt Paving Co. v. Standard Asphalt Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Church of God of Prospect Plaza v. Fourth Church of ChristNew York Court of Appeals · 1981
- McCarty v. Noham Co.Appellate Division of the Supreme Court of the State of New York · 1926