C. H. Diamond & Co. v. Hartley
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by C. H. Diamond & Co. against Marcellus Hartley for commissions for negotiating a sale of land. From a judgment for plaintiff, and an order denying a motion for a new trial, defendant appeals. Transferred from First to Second department.
1Opinion of the CourtWoodward, J.
The plaintiff in this action is a broker, engaged in real-estate transactions. One Cutner, an employé of the plaintiff, knowing that Messrs. Stern & Co. were desirous of purchasing a building in a certain location in New York, went to the defendant, and asked if his house was for sale, and, if so, at what price. The defendant replied, in substance, that, while the property was not for sale, he would consider an offer. Subsequently he offered to accept $82,000 for the house, provided the transaction was closed on that day, November 12, 1896. While there was an understanding that the contract…
2Cases cited7 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Gilder v. . DavisNew York Court of Appeals · 1893
- Kalley v. . BakerNew York Court of Appeals · 1892
- Bennett v. EganThe Superior Court of the City of New York and Buffalo · 1893
- Curtiss v. MottNew York Supreme Court · 1895
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3Cited by2 opinions
- Brown v. GrassmanAppellate Division of the Supreme Court of the State of New York · 1900
- Kronenberger v. BierlingAppellate Terms of the Supreme Court of New York · 1902