# New York Trap Rock Co. v. Brown

> Supreme Court of New Jersey · February 15, 1898 · 61 N.J.L. 536

URL: https://www.frixlaw.com/law-library/cases/8061300

## Case

- **Full name:** NEW YORK TRAP ROCK COMPANY v. CHARLES A. BROWN AND JOHN FLEMING
- **Court:** Supreme Court of New Jersey
- **Decided:** February 15, 1898
- **Citations:** 61 N.J.L. 536; 32 Vroom 536; 43 A. 100; 1898 N.J. Sup. Ct. LEXIS 152
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8061300

## Opinion text

Per Curiam.
1. Failure to make profert can only be objected, to by a special demurrer. The twelfth section of the statute on amendments and jeofails is a substantial copy of the first section of the act of 4 Anne, c. 16, and was introduced in our legislation in 1794. Pat. L.,p. 126.
2. The clause providing for payment of penalties sued for is sufficiently set out.
3 and 4. A contract that a single person shall be employed as the sole agent of manufacturers to sell all their output, does not violate any principle of law and may be enforced.
5 and 6. The contract is not objectionable on the grounds named in this specification of causes, and the declaration shows a legal cause of action.
If defendant has a meritorious defence, he may apply for leave to withdraw demurrer and plead.
The demurrer must be overruled.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8061300. Public record. Not legal advice.