Van Court v. Jay

Full title: RUTH H. VAN COURT, Respondent, v. BENJAMIN F. JAY et al., Individually and…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Jun 15, 1945

269 App. Div. 824 (N.Y. App. Div. 1945)

Opinion

June 15, 1945.

Appeal from Supreme Court, New York County.

Order affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of order, on payment of said costs.

MARTIN, P.J. (dissenting).

The agreement sued on may not be read as imposing upon the defendants an absolute agreement to pay a minimum royalty in any event; the obligation is to pay the minimum royalty named or suffer the revocation of the license. ( Wing v. Ansonia Clock Co., 102 N.Y. 531 ; Ebert v. Loewenstein, 42 App. Div. 109.) The motion to dismiss the complaint should have been granted.

Untermyer, Dore, Cohn and Callahan, JJ., concur in decision; Martin, P.J., dissents in opinion.

Order affirmed, with $20 costs and disbursements, with leave to the defendants to answer within ten days after service of order, on payment of said costs. No opinion. [See post, p. 843.]