Clark v. . West
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May o, 1908, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint, and sustained such demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May o, 1908, which reversed an interlocutory judgment of Special Term overruling a demurrer to the complaint, and sustained such demurrer. On February 12th, 1900, the plaintiff and defendant entered into a written contract under which the former was to write and prepare for publication for the latter a series of law books the compensation for which was provided in the contract. After the plaintiff had completed a three-volume work known as “ Clark & Marshall on…
1Opinion of the CourtWerner, J.
The contract before us, stripped of all superfluous verbiage, binds the plaintiff to total abstention from the use of intoxicating liquors during the continuance of the work which he was employed to do. The stipulations relating to the plaintiff’s compensation provide that if he does not observe this condition he is to be paid at the rate Of $2 per page, and if he does comply therewith he is to receive §6 per page. The plaintiff has written one book under the contract known as “ Clark & Marshall on Corporations,” wliich has been accepted, published and copies sold in large numbers by the…
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- Titus v. . Glens Falls Insurance CompanyNew York Court of Appeals · 1880
- Marie v. . GarrisonNew York Court of Appeals · 1880
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Kiernan v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1896
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- United States Ex Rel. Susi Contracting Co. v. Zara Contracting Co.Court of Appeals for the Second Circuit · 1944
- Ludwig v. NYNEX Service Co.District Court, S.D. New York · 1993
- Cardinal v. State of New YorkNew York Court of Appeals · 1952
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