National Oleo Meter Co. v. Jackson

Superior Court of New York

National Oleo Meter Co. v. Jackson

3 N.Y.S. 826, 1889 N.Y. Misc. LEXIS 102

CourtThe Superior Court of the City of New York and Buffalo

DecidedJanuary 7, 1889

StatusPublished

Cited by1 cases

This text of 3 N.Y.S. 826 (National Oleo Meter Co. v. Jackson) is published on Counsel Stack Legal Research, covering The Superior Court of the City of New York and Buffalo primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

National Oleo Meter Co. v. Jackson, 3 N.Y.S. 826, 1889 N.Y. Misc. LEXIS 102 (superctny 1889).

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Opinion

Per Curiam.

The findings of facts are warranted by the evidence, and" the conclusions of law are warranted by the findings of facts. We are of the-opinion that Exhibit A did not contain thé whole agreement between the parties. The agreement between the parties is Exhibit X, and w'as offered in evidence by the plaintiffs. By that agreement the defendant bound him-self to assign to the Standard Hydro-Carbon Machine Company all the patents that he then had, upon the payment to him of the sum of $110,000. It does not appear that the said Jackson ever received said sum of $110,000. As the-payment of this sum was a condition precedent, plaintiff cannot recover without showing that such a sum has been paid or tendered to the defendant-judgment appealed from is affirmed, with costs.

Sedgwick, C. J., concurs.

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Per Curiam.

The findings of facts are warranted by the evidence, and" the conclusions of law are warranted by the findings of facts. We are of the-opinion that Exhibit A did not contain thé whole agreement between the parties. The agreement between the parties is Exhibit X, and w'as offered in evidence by the plaintiffs. By that agreement the defendant bound him-self to assign to the Standard Hydro-Carbon Machine Company all the patents that he then had, upon the payment to him of the sum of $110,000. It does not appear that the said Jackson ever received said sum of $110,000. As the-payment of this sum was a condition precedent, plaintiff cannot recover without showing that such a sum has been paid or tendered to the defendant-judgment appealed from is affirmed, with costs.

Sedgwick, C. J., concurs.

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Bluebook (online)

3 N.Y.S. 826, 1889 N.Y. Misc. LEXIS 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/national-oleo-meter-co-v-jackson-superctny-1889.

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