Appellate Division of the Supreme Court of New York, 1949

Conrad v. Golden

Conrad v. Golden
Appellate Division of the Supreme Court of New York · Decided June 13, 1949
275 A.D.2d 946
Conrad v. Golden

Opinion of the Court

In our opinion the alleged contract upon which the action is based is too vague and indefinite to be enforced. It does not set forth the full intention of the parties with such certainty and explicitness that the intention of the parties may therefrom be ascertained with a reasonable degree of certainty. Moreover, the provision in the contract that it should terminate upon the mutual consent of the parties is mere surplusage, and the contract, without a term of its duration, was terminable at will. (Petze v. Morse Dry Dock & Repair Co., 125 App. Div. 267, 270, affd. 195 N. Y. 584; Varney v. Ditmars, 217 N. Y. 223, 228; Ansorge v. Kane, 244 N. Y. 395, 398; St. Regis Paper Co. v. Hubbs & Hastings Paper Co., 235 N. Y. 30, 36; Schlegel Mfg. Co. v. Cooper’s Glue Factory, 231 N. Y. 459, 462; Clark Paper & Mfg. Co. v. Stenacher, 236 N. Y. 312, 316.) Carswell, Acting P. J., Johnston, Adel, Sneed and Wenzel, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.