Murray v. Maybie
New York Supreme Court
Appeal from special term, Erie county. Action by Charles S. Murray against Lydia A. Maybie, to recover the value of services as broker in the sale of real estate for defendant. Plaintiff appeals from an order denying his motion for a bill of particulars.
1Opinion of the CourtDwight, J.
The second count of the complaint is upon a quantum meruit for services rendered by the plaintiff for the defendant in the sale of real estate belonging to the latter. The answer to that alleged cause of action contains the following averments; “The defendant alleges that the plaintiff did not procure a purchaser on the terms authorized by the defendant; and, in consideration that this defendant would convey the property * * * for a different sum and on different terms than any authorized by her, * * * the said plaintiff agreed that he * * * would waive all claims for compensation or…
Also in this document: Concurrence.
2Cases cited1 opinion
- Cunard v. . FrancklynNew York Court of Appeals · 1888
3Cited by3 opinions
- Rafalsky v. BoehmCity of New York Municipal Court · 1892
- Williams v. FolsomNew York Supreme Court · 1891
- Hunter v. HunterNew York Supreme Court · 1902