Legal Opinion

Oklahoma Publishing Co. v. Parsons & Whittemore, Inc.

Appellate Division of the Supreme Court of the State of New York

Decided December 23, 1938PublishedCited by 10 opinions

1Opinion of the CourtGlennon, J.

Plaintiff commenced this action at law against defendant to recover damages for breach of what purports to be *590a written contract dated January 8, 1937. The writing was signed on behalf of defendant by J. J. Nolan, manager of its newsprint department. The defense is that Nolan was not an officer of defendant; that he had no authority to enter into a contract on its behalf; and that the paper he signed had on its face the following statement: “ This contract is * * * valid only when signed by an officer of the company.”

The so-called contract provided for the sale and delivery by defendant to…

2Cases cited4 opinions

  1. Matter of Zimmerman v. . CohenNew York Court of Appeals · 1923
  2. Newburger v. LubellNew York Court of Appeals · 1931
  3. Matter of Young v. Crescent Development Co.New York Court of Appeals · 1925
  4. Matter of Haupt v. RoseNew York Court of Appeals · 1934

3Cited by10 opinions

  1. In re the Arbitration between United Paper Machinery Corp. & Di CarloAppellate Division of the Supreme Court of the State of New York · 1963
  2. Johanson Resources, Inc. v. LaValleeAppellate Division of the Supreme Court of the State of New York · 2000
  3. Pathe Laboratories, Inc. v. Du Pont Film Mfg. Corp.District Court, S.D. New York · 1943
  4. Zurich Insurance v. EvansCivil Court of the City of New York · 1977
  5. In re the Arbitration between Mailman & Motor Vehicle Accident Indemnification Corp.New York Supreme Court · 1962

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