Folinsbee v. . Sawyer
New York Court of Appeals
Appeal from a judgment of the General Term of the late Superior Court of Buffalo, entered December 30, 1895, upon an order denying a motion for a new trial upon exceptions-ordered to be heard in the first instance at General Term and directing judgment upon a verdict in favor of plaintiff. 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 General Term of the late Superior Court of Buffalo, entered December 30, 1895, upon an order denying a motion for a new trial upon exceptions-ordered to be heard in the first instance at General Term and directing judgment upon a verdict in favor of plaintiff. The nature of the action and the facts, so far as material,, are stated in the opinion. The written instruments, constituting the alleged contract of sale between Sawyer, as vendor, and Smith and Weill, as vendees, did not amount to a complete contract, but were, on their face, only a partial contract,…
1Opinion of the CourtO’Brien, J.
The plaintiff sought to recover a considerable sum of money as his compensation for the sale of certain real estate which the defendant owned and desired to sell. It is alleged that the defendant retained the plaintiff to procure a purchaser for the property, and that in pursuance of this employment he did procure parties who were willing to purchase on the defendant’s terms, and thus the stipulated commissions were earned and became due to the plaintiff.
It appears that on the 8th day of November, 1890, the defendant gave to the plaintiff and one John H. Smith a written option for sixty days,…
2Cases cited6 opinions
- Coleman v. . First National Bank of ElmiraNew York Court of Appeals · 1873
- Hankinson v. . VantineNew York Court of Appeals · 1897
- Tyson v. . PostNew York Court of Appeals · 1888
- Dempsey v. . KippNew York Court of Appeals · 1875
- Brown v. . ThurberNew York Court of Appeals · 1879
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3Cited by34 opinions
- Oxford Commercial Corp. v. LandauNew York Court of Appeals · 1963
- American Crystal Sugar Co. v. NicholasCourt of Appeals for the Tenth Circuit · 1941
- Commission of Internal Revenue v. Dwight's EstateCourt of Appeals for the Second Circuit · 1953
- Robert v. United States Shipping Board Emergency Fleet Corp.New York Court of Appeals · 1925
- Ball v. the Mercantile Trust Co.Missouri Court of Appeals · 1927
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