Singer v. Bruner-Ritter, Inc.

New York Supreme Court

Singer v. Bruner-Ritter, Inc.

180 Misc. 928, 42 N.Y.S.2d 881, 1943 N.Y. Misc. LEXIS 2084

CourtNew York Supreme Court

DecidedMay 10, 1943

StatusPublished

Cited by4 cases

This text of 180 Misc. 928 (Singer v. Bruner-Ritter, Inc.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Singer v. Bruner-Ritter, Inc., 180 Misc. 928, 42 N.Y.S.2d 881, 1943 N.Y. Misc. LEXIS 2084 (N.Y. Super. Ct. 1943).

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Opinion

O’Brien, J.

Motion to strike out the defense, as indicated by paragraph “ Fifth ” of the answer, is granted. The defense is legally insufficient. The Executive Order No. 9001 [issued Dec. 27, 1941, 6 Federal Register 6787, pursuant to the First War Powers Act, 1941, IT. S. Code, tit. 50, Appendix, § 611] does not invalidate or render it illegal and void or against public policy. The contract sued upon is one in which defendant agreed to pay brokerage commissions for services in soliciting and obtaining a war contract. Whatever may be the rights of the Government under the Executive Order, the order does not give the principal the right to declare the contract void so as to deprive the plaintiff of the fruits of his labor but yet let the defendant have the benefits. (Bradford v. Durkee Marine Products Corp., 180 Misc. 1049.) The defense is stricken out as legally insufficient.

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O’Brien, J.

Motion to strike out the defense, as indicated by paragraph “ Fifth ” of the answer, is granted. The defense is legally insufficient. The Executive Order No. 9001 [issued Dec. 27, 1941, 6 Federal Register 6787, pursuant to the First War Powers Act, 1941, IT. S. Code, tit. 50, Appendix, § 611] does not invalidate or render it illegal and void or against public policy. The contract sued upon is one in which defendant agreed to pay brokerage commissions for services in soliciting and obtaining a war contract. Whatever may be the rights of the Government under the Executive Order, the order does not give the principal the right to declare the contract void so as to deprive the plaintiff of the fruits of his labor but yet let the defendant have the benefits. (Bradford v. Durkee Marine Products Corp., 180 Misc. 1049.) The defense is stricken out as legally insufficient.

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Bluebook (online)

180 Misc. 928, 42 N.Y.S.2d 881, 1943 N.Y. Misc. LEXIS 2084, Counsel Stack Legal Research, https://law.counselstack.com/opinion/singer-v-bruner-ritter-inc-nysupct-1943.

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