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Gleason v. John L. Schwartz Brewing Co.

166 A.D. 909 Court N.Y. App. Div. English

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p. 909
William H. Gleason and Others, Appellants, v. John L. Schwartz Brewing Company, Respondent, and Edward H. Gleason, Appellant.

Judgment modified by striking therefrom the paragraph numbered “ 3rd,” and as so modified affirmed, without costs of this appeal to either party. Held, that under the contract the brewing company was entitled to charge only the prevailing market or agreed price, but that question was not within the issues. All concurred.