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Cases Decided in the Inferior Courts of Record of the State of New York Volume 89

Cases Decided in the Inferior Courts of Record of the State of New York Volume 89


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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. 1915 Excerpt: ...out by the Columbia Amusement Company." The plaintiffs had nothing to do with the routing or arrangement or division of time that might be made by the Columbia Amusement Company. Their function was merely to perform the agreed services for thirty-five weeks, however laid out during the season. It was the function of the defendant to see that the Columbia Amusement Company did lay out thirty-five weeks. It is unreasonable to interpret this clause as meaning that if the Columbia Amusement Company failed to lay out any tour, the defendant would have been excused from his Supreme Court, Appellate Term, March, 1915. Vol. 89. engagement to employ the plaintiffs for thirty-five weeks. These questions of legal interpretation of the contract were for the court, and should not have been submitted to the jury. Plaintiffs were not entitled to the items of railroad fare, but, as respects salary, a verdict should have been directed in favor of the plaintiffs upon the first cause of action. The order appealed from should be. reversed and, as plaintiffs' claim is purely a matter of computation, judgment is awarded to the plaintiffs for the sum of $408.50, with interest from April 25, 1914, together with costs in the court below and the costs and disbursements of this appeal. Order reversed and judgment modified by increasing the same to the amount of $408.50 damages with interest from April 25, 1914, and appropriate costs in the court below, and, as modified, affirmed, with costs of the appeal to the appellants. Guy, J., concurs. Pendleton, J. (dissenting): I dissent on the ground that the contract sued on does not impose an obligation on the defendant to pay for a definite number of weeks. By the express provisions of the contract, the plaintiffs are designated there...


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Product Details
  • ISBN-13: 9781231048580
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 256
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1231048581
  • Publisher Date: 01 May 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 463 gr


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