Saum v. Capital Realty Development Corp.
New York Court of Appeals
The uncontradicted evidence establishes that the agreement of June 1, 1933, is supported by consideration and it was error to deny the defendant’s motions to dismiss and to direct a verdict for the defendant. (Colvin v. Post Mortgage & Land Co., 225 N. Y. 510; Bliven v. Lighthouse, 231 N. Y. 64; Verity v. Ottinger, 223 App. Div. 344; Matthews v. Hubbard, 47 N. Y. 428; Laflar v. McCormick, 225 App. Div. 476; Smiley Steel Co. v. Schmoll, 200 App.
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The uncontradicted evidence establishes that the agreement of June 1, 1933, is supported by consideration and it was error to deny the defendant’s motions to dismiss and to direct a verdict for the defendant. (Colvin v. Post Mortgage & Land Co., 225 N. Y. 510; Bliven v. Lighthouse, 231 N. Y. 64; Verity v. Ottinger, 223 App. Div. 344; Matthews v. Hubbard, 47 N. Y. 428; Laflar v. McCormick, 225 App. Div. 476; Smiley Steel Co. v. Schmoll, 200 App. Div. 655; Larson v. Burroughs, 131 App. Div. 877; Felleman v. Von Luckner, 234 App. Div. 787; Reis Co. v. Zimmerli, 155 App. Div. 260.) Assuming that…
1Opinion of the CourtFinch, J.
This is an action by a licensed real estate broker to recover brokerage commission. The complaint alleges that the defendant hired the plaintiff to procure a lessee of certain premises for a twenty-one year period and agreed to pay him the regular and customary rate of commission; that he performed services pursuant to the employment; that he procured a tenant; that a lease was entered into; that he has been paid only $2,000, leaving a claimed balance $6,300. In response to a demand plaintiff furnished a verified bill of particulars, giving May 11th as the date when he had consummated the…
2Cases cited3 opinions
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Arnold v. SchmeidlerAppellate Division of the Supreme Court of the State of New York · 1911
- Donovan v. . WeedNew York Court of Appeals · 1905
3Cited by11 opinions
- Bereswill v. YablonNew York Court of Appeals · 1959
- House v. HornburgAppellate Division of the Supreme Court of the State of New York · 1944
- Bashant v. SpinellaAppellate Division of the Supreme Court of the State of New York · 1979
- Yaras v. Levison Bros.Appellate Division of the Supreme Court of the State of New York · 1969
- Schulman v. City of New YorkNew York Supreme Court · 1942
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