Clark v. West
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John B. West, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 1st day of November, 1907, upon the decision of the court, rendered after -a trial at the Kings County Special Term, overruling the defendant’s demurrer to the complaint.
1Dissent
Miller, J. (dissenting):
It is plain that the contract price of the books to be written by the plaintiff was six dollars per page, two dollars to be paid on delivery, and the balance after publication by applying one-sixth of the net receipts of sales until the whole sum of six dollars should be paid, when all right, title and interest of the plaintiff in said books were to cease. The additional four dollars per page was to be paid for the book, not for total abstinence; the latter was a condition precedent to payment, not the consideration. The defendant has received precisely what he…
2Cases cited5 opinions
- Draper v. Oswego County Fire Relief Ass'nNew York Court of Appeals · 1907
- Gibson Electric Co. v. Liverpooland London & Globe InsuranceNew York Court of Appeals · 1899
- Cowenhoven v. . BallNew York Court of Appeals · 1890
- Crocker-Wheeler Co. v. Varick Realty Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Pope Manufacturing Co. v. Rubber Goods Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1905