Legal Opinion

Fuller v. Downing

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

Decided June 7, 1907PublishedCited by 4 opinions

■Appeal by the defendant, Wellington Downing, froth adjudgment of the Supreme Court.in favor of the plaintiff, entered in the office of the clerk of the bounty of hfew York on the 16tli day of' June, 1906, upon the report of a. referee, and also' from- an order entered in said clerk’s'office on the 15th day of June, 1906, granting the plaintiff an extra- allowance of costs, in an. action to recover damages for breach of.a contract of employment as sales agent.

1Opinion of the Court

Clarke, J.:

On the 11th day-, of December, 1900, the defendant, a manu.faeturer of folding machines, under the name of- Brown Folding Machine Company, at Erie, Pehn., by a.written contract, appointed *37the plaintiff his sole agent for the sale of folding machines for the period of five years, beginning January 1, 1901. The plaintiff was at that time engaged in the business of selling machinery in the city of New York under the name and’ style of E. C. Fuller & Co; By the lltli paragraph of the contract it was provided as follows: “ It is hereby further agreed that should the party'of the first…

2Cases cited3 opinions

  1. Crawford v. . Mail Express Publishing Co.New York Court of Appeals · 1900
  2. Fitzpatrick v. . WoodruffNew York Court of Appeals · 1884
  3. Wooster v. . SageNew York Court of Appeals · 1876

3Cited by4 opinions

  1. American Music Stores v. KusselCourt of Appeals for the Sixth Circuit · 1916
  2. Noa Spears Co. v. InbauCourt of Appeals of Texas · 1916
  3. Saxe v. Shubert Theatrical Co.New York Supreme Court · 1908
  4. Saxe v. Shubert Theatrical Co.Appellate Terms of the Supreme Court of New York · 1908

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