Legal Opinion

Donovan v. . Weed

New York Court of Appeals

Decided May 30, 1905PublishedCited by 16 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered August 3, 1903, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in refusing to charge that the defendants had the right to termínate the employment of the plaintiff at any time if the plaintiff did not within a reasonable time procure a purchaser of the property. (Gerding v. Haskins, 141 N. Y. 519; Hay v. Platt, 66…

1Opinion of the Court

Cullen, Ch. J.

The action was brought to recover commissions for services_as a broker in effecting the sale of a tract of wild lands in St. Lawrence county. The answer put in issue all the allegations of the complaint except the defendants’ ownership and the sale of the lands mentioned therein. As 'the affirmance below was unanimous, the only exceptions which can be reviewed by this court are those taken on rulings of evidence and on the charge. It is, therefore, unnecessary to refer to the details of the evidence given to support the contentions of the parties, except so far as to present the…

2Cases cited1 opinion

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881

3Cited by16 opinions

  1. Buck v. CiminoAppellate Division of the Supreme Court of the State of New York · 1997
  2. Goodman v. Marcol, Inc.New York Court of Appeals · 1933
  3. Haase v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1906
  4. Saum v. Capital Realty Development Corp.New York Court of Appeals · 1935
  5. Hampton Realty of Bridgehampton, Inc. v. ConklinAppellate Division of the Supreme Court of the State of New York · 1995

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