Christie v. Cornelius Callahan Co. — 51 N.Y. St. Rep. 413

Majority

p. 413

Harlan P. Christie, Resp’t, v. The Cornelius Callahan Co., App’lt.

(Supreme Court, General Term, Second Department,

Filed February 13, 1893.)

Headnote

•Contkact — Sunday.

The fact that the contract in question was made on Sunday in Massachusetts is no defense to an action for services rendered thereunder, where the plaintiff has fully complied with such contract, and the defendant has obtained all the benefit therefrom which the plaintiff was able to give.

Appeal from judgment in favor of plaintiff, entered upon the report of a referee.

Action for services performed under a contract to sell defendant’s goods on commission.

The defendant claims that as the contract was made in Massachusetts on Sunday the same is void.

Bradford W. Hitchcock (Ambrose G. Todd, of counsel), for app’lt; Horatio C. King, for resp’t.

So far as we can see, the referee’s decision in this •case was based upon sufficient evidence, after he had carefully weighed seriously conflicting testimony. We, therefore, decline ■ to interfere in that aspect of the case.

If the contract was made in Massachusetts on Sunday, it is •quite evident that defendant induced plaintiff to perform it in pretty much all the rest of the United States on Monday and every other week day until it had obtained all the benefit therefrom which plaintiff was able to give.

We affirm the judgment, with costs.

Barnard, P. j., and Dykman, J., concur.