(Download) "Matter Herman Bering v. Charles L. Patterson Et Al." by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Matter Herman Bering v. Charles L. Patterson Et Al.
- Author : Supreme Court of New York
- Release Date : January 24, 1956
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
The answer to the petition raised issues of fact, and alleged matters by way of defense, which tended to establish that respondent
had breached the agreement sought to be enforced in a material respect, and that the Authority had, consequently, terminated
the agreement. No reply was served, and the allegations of new matter by way of defense were not put in issue. (Civ. Prac.
Act, 1292.) Consequently, respondent failed to establish a clear legal right to compel the Authority to continue to deal
with it during the short period of time which elapsed between the date of the order appealed from and the expiration date
of the contract. (Cf. Graves v. White, 87 N. Y. 463, 465; De Forest Radio Tel. & Tel. Co. v. Triangle Radio Supply Co.,
243 N. Y. 283; Matter of Colonial Beacon Oil Co. v. Finn, 245 App. Div. 459, affd. 270 N. Y. 591; Matter of Coombs v. Edwards,
280 N. Y. 361; Matter of Ellsworth, Barrows & Co. v. Ward, 255 App. Div. 91; Civ. Prac. Act, 1295.) No right was or
may be established to compel the Authority to continue to recognize or deal with respondent under the contract after its expiration
date. Disposition Order reversed on the law and the facts, with $50 costs and disbursements, and proceeding dismissed, without
costs.