104 N.Y.S. 394 | N.Y. App. Term. | 1907
The complaint alleges that the defendant being the owner of a play called “Neptune’s Brides,” and a patent on an air reservoir, which makes the play possible, entered into an agreement with the plaintiff and one Temple, by which the defendant agreed “ to give to each of the parties of the second part a one-third interest or ownership in both play and patent, dating from the day the patent is secured and to continue thereafter forever;” and “ that, upon the securing of a contract satisfactory to the party
Judgment reversed, with costs to the appellant, and demurrer sustained, with costs in the court below, and complaint dismissed.
Gildersleeve and Brady, JJ., concur.
Judgment reversed, with costs to appellant, and demurrer sustained, with costs in court below, and complaint dismissed.