101 N.Y.S. 648 | N.Y. App. Term. | 1906
Appeal by the plaintiff from a judgment in favor of the defendant in an action for breach of a contract. The plaintiff is a corporation, engaged in the business of inspecting and repairing electrical apparatus. Pursuant to defendant’s application in writing, on or about August 18, 1904, the plaintiff sent to the defendant one of its usual contracts, executed by its president, and covering the services to be rendered by the plaintiff and specifying a compensation of $256.50 per year, payable in advance. The defendant received this contract and forwarded a check for $256.50. This check was inclosed in a letter dated August 22, 1904, and signed by the defendant. The letter acknowledged receipt of the contract and referred to inclosure of the check for $256.50. The plaintiff rendered the services called for by its contract for the period of one year and continued to render those services thereafter. The last paragraph of this contract is in italics, and reads as follows: “ it is further mutually agreed that this contract shall go into effect on the day of issue and continue from year to year at the annual compensation to be paid by the owner to the company, as herein specified,- unless either party hereto gives written notice to the other to terminate the same at least thirty
For these reasons we think the judgment should be reversed, with costs to appellant to abide the event, and a new trial granted.
Gildersleeve and Fitzgerald, JJ., concur.
Judgment reversed and new trial granted, with costs to appellant to abide event.