Weinfeld v. Fr. Bergner & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Henry J. Weinfeld against Fr. Bergner & Co. From an interlocutory judgment for plaintiff, and from an.order overruling a demurrer to the complaint, defendants appeal. Reversed, and demurrer sustained.
1Opinion of the CourtBischoff, J.
The contract in suit, for services to be rendered in making sales of the defendant’s goods, was stated to be made “between Henry J. and Alexander E. Weinfeld of the first part and Fr. Bergner & Co. of the second part,” and the character of the agreement, as made by the defendant with these two individuals jointly, appears throughout the two writings whereby that agreement is evidenced and which are made part of the complaint. These instruments, Exhibits A and B, are to be read together, according to their express terms, and the provision in Exhibit B that the advances now sued for should be…
2Cases cited2 opinions
- Emery v. HitchcockNew York Supreme Court · 1834
- Fisher Textile Co. v. PerkinsAppellate Division of the Supreme Court of the State of New York · 1904