Drake v. White Sewing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the White Sewing Machine Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered-' in the office of the clerk of the county of Madison on the 4th day of January, 1909, upon the report of a referee. Upon the 23d day of February, 1905, an agreement was entered into between the defendant and F. C. Drake & Son, living at Oneida, for the agency by the said Drake & Son of the automobile manufactured by the defendant.
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Appeal by the defendant, the White Sewing Machine Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered-' in the office of the clerk of the county of Madison on the 4th day of January, 1909, upon the report of a referee. Upon the 23d day of February, 1905, an agreement was entered into between the defendant and F. C. Drake & Son, living at Oneida, for the agency by the said Drake & Son of the automobile manufactured by the defendant. Through correspondence between the defendant and Mr. F. C. Drake, this plaintiff, Mr. Drake was required to purchase of the defendant…
1Opinion of the Court
Smith,. P. J.:
In the contract itself there seems to have been no express provision requiring the plaintiff to purchase the three cars. That was expressly stipulated, however, before the contract was signed, and the $750 seems to have, been sent to the defendant by the plaintiff before the signing of the contract. This agreement, however, seems to be treated in the correspondence and by the conduct of the parties as part of the agency contract. It undoubtedly is a part of the contract- and was not. included in the written contract because of the fact that the money had been sent before the…
2Cases cited1 opinion
- Whiting v. DerrAppellate Division of the Supreme Court of the State of New York · 1907