This historic book may have numerous typos and missing text.
Purchasers can download a free scanned copy of the original book
(without typos) from the publisher. Not indexed. Not illustrated.
1913 Excerpt: ...prove by a. fair preponderance of evidence that
the defendant agreed verbally with the ice company that three
hundred cakes of ice a day to be supplied in the winter time was
made dependent upon the defendant's supplying the ice company with
nine hundred cakes in the summer time," and did charge that it was
a question for the jury to determine from the evidence. Held, that
such refusal to charge was error calling for the reversal of a
judgment in plaintiffs favor calculated upon the amount 01' ice
that would have been delivered for a period of five years had
defendant delivered l,200 cakes in each year. APPEAL by the
defendant from a judgment of the City Court of the city of New York
in favor of the plaintiff for $2,733.75 entered upon the verdict of
a jury. _ Gratz Nathan (Thomas F. Keogh, of counsel), for
appellant. L Henry A. Rubino, for respondent. PAGE, J. The action
was to recover for broker's commission in obtaining a purchaser for
ice manufactured by the defendant.-The plaintiff sought the
defendant, stating that he could obtain a purchaser for the entire
output of the defendant's ice manufacturing plant, and brought the
representative of the defendant and the president of the
Knickerbocker Ice Company together. Negotiations continued for some
time. The defendant seems to have been concerned with disposing of
his winter product while the ice company wished to insure as large
a delivery of ice in the summer as possible and desired to make the
winter deliveries conditional upon and proportional to the summer
deliveries. Three separate tentative contracts in writing were
prepared, the last of which was signed by the Knickerbocker Ice
Company, and presented by the plaintiff to the defendant. This last
proposed contract, however, ...
|Country of origin:
||246 x 189 x 15mm (L x W x T)
||Paperback - Trade
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