International Fastener Co. v. Francis Manufacturing Co.

Majority

p. 673

International Fastener Company, Respondent, v. Francis Manufacturing Company, Appellant.

Headnote

Contract — action to recover unpaid royalties — defense of failure of consideration.

International Fastener Co. v. Francis Manfg. Co., 206 App. Div. 647 , affirmed.

(Argued October 12, 1923;

decided October 26, 1923.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the fourth judicial

p. 674

department, entered March. 15, 1923, unanimously affirming a judgment in favor of plaintiff entered upon the report of a referee. The action was upon contract to recover alleged unpaid royalties. The defense was failure of consideration for the reason that plaintiff was unable to give to defendant the sole and exclusive right to make and sell the articles mentioned in the agreement.

George W. Knox and J. William Ellis for appellant.

Irving W. Cole and Percival M. White for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Hogan, Cardozo, McLaughlin, Crane and Andrews, JJ. Absent: Hiscock, Ch. J., and Pound, J.