Legal Opinion

Abel v. Nelson

Appellate Terms of the Supreme Court of New York

Decided May 16, 1907PublishedCited by 2 opinions

Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by William M. Abel against Hyman Nelson. From a judgment for plaintiff, defendant appeals.

1Opinion of the CourtBrady, J.

The defendant employed the plaintiff to sell goods under a written agreement to pay him 7-J per cent, commission on all net sales which he procured, said commissions to be paid after the payment for the goods sold by the salesman. The provision in the agreement that the commission was payable only after the goods were paid for places upon the plaintiff only the obligation of showing that either the goods sold were in fact paid for or that the failure to fill the orders was the fault of the defendant. Stone v. Argersinger, 32 App. Div. 210, 53 N. Y. Supp. 63; Taylor v. E. M. S. Co., 124 N. Y.…

2Cases cited3 opinions

  1. Taylor v. Enoch Morgan's Sons Co.New York Court of Appeals · 1891
  2. Stone v. ArgersingerAppellate Division of the Supreme Court of the State of New York · 1898
  3. In re Grand Boulevard & ConcourseAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by2 opinions

  1. Murray v. Hamilton Beach Manufacturing Co.Wisconsin Supreme Court · 1922
  2. Star Clothing Manufacturing Co. v. JonesSupreme Court of Arkansas · 1920

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