Sperry & Hutchinson Co. v. O'Neill-Adams Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Southern District of New York. Action by the O’Neill-Adams Company against the Sperry & Hutchinson Company for defendant’s alleged breach of contract entered into between the parties on .September 3, 1908, whereby defendant •undertook to furnish plaintiff with trading stamps described as “gold standard” stamps, to be used by'plaintiff as an advertising medium.At the close of plaintiff’s testimony, the trial judge…
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In Error to the Circuit Court of the United States for the Southern District of New York. Action by the O’Neill-Adams Company against the Sperry & Hutchinson Company for defendant’s alleged breach of contract entered into between the parties on .September 3, 1908, whereby defendant •undertook to furnish plaintiff with trading stamps described as “gold standard” stamps, to be used by'plaintiff as an advertising medium.At the close of plaintiff’s testimony, the trial judge directed a verdict in plaintiff’s favor for $22,306.80, and defendant brings error.
1Opinion of the Court
LACOMBE, Circuit Judge.
It will be helpful before discussing the issues presented on this appeal to explain what the ‘‘trading stamp" business is, and how it concerns the three parties interested in it, viz., the stamp compan}', the merchant, and the customer who buys goods from the merchant. The stamp company prints stamps of some selected color containing a design and inscription indicating what they are and the words and figures “10 cents purchased.” Any other sum may be settled upon, but 10 cents is usual, and it will he simpler to assume it is always selected. These it sells to the…
2Cited by9 opinions
- Cbs, Inc., Plaintiff/counterdefendant Appellee/cross-Appellant v. David Merrick, Defendant/counterclaimant Appellant/cross-AppelleeCourt of Appeals for the Ninth Circuit · 1983
- Frankfurt-Barnett Co. v. William Prym Co.Court of Appeals for the Second Circuit · 1916
- Center Garment Co., Inc. v. United Refrigerator Co.Massachusetts Supreme Judicial Court · 1976
- Purington Paving Brick Co. v. Metropolitan Paving Co.Court of Appeals for the Eighth Circuit · 1925
- Security Store & Manufacturing Co. v. American Railways Express Co.Missouri Court of Appeals · 1932
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