N. A. Berwin & Co. v. Hewitt Realty Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, N. A. Berwin & Co., Inc., from a judgment of the Supreme Court, entered in the office of the clerk of the county of New York on the 3d day of May, 1921, vacating the verdict of a jury and dismissing the complaint, and also from an order entered in said clerk’s office on the 28th day of April, 1921, setting aside the verdict of a jury and dismissing the complaint.
1Opinion of the Court
Smith, J.:
The plaintiff has sued the defendant upon a contract for commissions for the sale of certain of the defendant’s real estate holdings. The defendant is a family corporation. It holds four pieces of property of which the property in question constitutes inferentially about one-quarter.
The contract under which plaintiff seeks to recover is a contract made with the president and treasurer of the defendant corporation. While the terms were agreed upon for the sale of the property and the contract was directed to be drawn up, .the sale fell through, apparently because the officers of the…
2Cases cited6 opinions
- People v. . BallardNew York Court of Appeals · 1892
- Matter of TimmisNew York Court of Appeals · 1910
- Abbot v. American Hard Rubber Co.New York Supreme Court · 1861
- Patterson v. . RobinsonNew York Court of Appeals · 1889
- Lyon v. West Side Transfer Co.Appellate Division of the Supreme Court of the State of New York · 1909
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3Cited by3 opinions
- Horowitz v. S. Slater & Sons, Inc.Massachusetts Supreme Judicial Court · 1928
- Trulock v. Kings County Iron Foundry, Inc.Appellate Division of the Supreme Court of the State of New York · 1926
- In Re Eadie Properties, Inc.United States Bankruptcy Court, S.D. New York · 1983