Jernberg v. Vertis Co.

Appellate Division of the Supreme Court of New York

Jernberg v. Vertis Co.

27 A.D.2d 673, 277 N.Y.S.2d 630, 1967 N.Y. App. Div. LEXIS 5081

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1967

StatusPublished

This text of 27 A.D.2d 673 (Jernberg v. Vertis Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jernberg v. Vertis Co., 27 A.D.2d 673, 277 N.Y.S.2d 630, 1967 N.Y. App. Div. LEXIS 5081 (N.Y. Ct. App. 1967).

Pincite

Opinion

Memorandum by the Court. Appeal from an interlocutory judgment that defendant account to plaintiff for royalties under the contract in issue. No reason appears for resorting to inference or extrinsic proof to ascertain the supposed intent, asserted by plaintiff, of the relatively simple and unambiguous contract, prepared by plaintiff’s assignor’s lawyer who was, in fact, his brother. It is clear that all royalties due according to the express terms of the contract have been paid. The question of damages for a possible breach of the agreement in some other particular is not before us in this action brought for an accounting. Judgment reversed, on the law and the facts, and complaint dismissed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Memorandum by the Court. Appeal from an interlocutory judgment that defendant account to plaintiff for royalties under the contract in issue. No reason appears for resorting to inference or extrinsic proof to ascertain the supposed intent, asserted by plaintiff, of the relatively simple and unambiguous contract, prepared by plaintiff’s assignor’s lawyer who was, in fact, his brother. It is clear that all royalties due according to the express terms of the contract have been paid. The question of damages for a possible breach of the agreement in some other particular is not before us in this action brought for an accounting. Judgment reversed, on the law and the facts, and complaint dismissed, without costs. Gibson, P. J., Herlihy, Reynolds, Aulisi and Staley, Jr., JJ., concur.

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Bluebook (online)

27 A.D.2d 673, 277 N.Y.S.2d 630, 1967 N.Y. App. Div. LEXIS 5081, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jernberg-v-vertis-co-nyappdiv-1967.