Rochester v. Bergen
John C. Rochester, Appellant, v. Hugh G. Bergen Et Al., Respondents
Opinion of the Court
Per Curiam.
Paragraph 3 of the agreement is invalid. Paragraph 2 is inseparable from paragraph 3 and falls with it. There has been no refusal or failure to perform any other provision of the agreement. The judgment appealed from denying specific performance and dismissing the complaint is therefore affirmed, with costs.
The judgment should be affirmed, with costs.
Lehman, Ch. J., Loughran, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.
Judgment affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.
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("The directors of a corporation may not [via a 10-year employment contract] thus fetter in advance their discretion as to the selection and maintenance in office of the officers of a corporation.”)
Cited by 3 cases
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