Walleston v. Fahnestock
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Louis N. Walleston against Clarence Fahnestock. Judgment for plaintiff, and defendant appeals.
1Opinion of the CourtGoff, J.
Plaintiff alleged that defendant engaged him as his agent to effect the sale of an automobile, and agreed to pay him a commission of 5 per cent, on the amount realized; that he obtained a purchaser, who bought the automobile for $5,000; and that the sale was effected solely through his agency. It appeared in evidence that the first knowledge plaintiff had of the defendant was when his friend Foy, a chauffeur, told him that he wanted to buy a car for his employer, and that the defendant had one for sale. Foy examined the car, and ascertained from the defendant by telephonic conversation *744its…
2Cases cited10 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Gray v. Kaufman Dairy & Ice Cream Co.New York Court of Appeals · 1900
- Learned v. . TillotsonNew York Court of Appeals · 1884
- Truesdell v. . SarlesNew York Court of Appeals · 1887
- Donovan v. . WeedNew York Court of Appeals · 1905
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