Opinion · Nylaw New York

J.B. BACK AND COMPANY, INC. v. SCHMITT, 279 App. Div. 874 (1952)

J.B. BACK & Co., INC., Appellant, v. FRANK R. SCHMITT et al., DoingBusiness under the Name of F.R. SCHMITT SON, Respondents., 279 A.D. 874 (Appellate Division of the Supreme Court of New York, Second Department. 1952)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1952-02-25
Topic: general

J.B. BACK AND COMPANY, INC. v. SCHMITT, 279 App. Div. 874 (1952) J.B. BACK AND COMPANY, INC., Appellant, v.

Citator

UpLaw has not yet analyzed J.B. BACK AND COMPANY, INC. v. SCHMITT, 279 App. Div. 874 (1952). The absence of a flag is not a finding that it is good law.

J.B. BACK AND COMPANY, INC. v. SCHMITT,279 App. Div. 874(1952)

J.B. BACK AND COMPANY, INC., Appellant, v. FRANK R. SCHMITT et al., Doing

Business under the Name of F.R. SCHMITT SON, Respondents.

Appellate Division of the Supreme Court of New York, Second Department.

February 25, 1952.

Action to recover payments made by plaintiff to defendants in pursuance of a contract under the terms of which defendants undertook to "endeavor" to perfect a cigar wrapping machine, the claim of plaintiff being that defendants' "endeavors"Page 875had not been successful. Defendants counterclaimed for a balance due on the contract. Plaintiff appeals from a judgment rendered after trial, dismissing the complaint and awarding a recovery to defendants on their counterclaim. Judgment unanimously affirmed, with costs. The contract provided for payment to defendants on a basis of time consumed and material furnished and contained a clause giving plaintiff the right to stop the work at any time.

Present — Carswell, Acting P.J., Adel, Wenzel, MacCrate and Schmidt, JJ. [Seepost, p. 1009.]