Legal Opinion

Wendling v. Pierce

Appellate Division of the Supreme Court of the State of New York

Decided March 26, 1898Published

Appeal from special term, Erie county. Action by Frederick Wendling against George M. Pierce. From an order striking out certain allegations in the answer, defendant appeals. Reversed.

1Opinion of the CourtAdams, J.

The plaintiff, a real-estate broker, brings this action to recover the amount claimed to be due him by reason of his employment by the defendant to negotiate the exchange of his farm of about áOO acres for certain real estate in the city of Buffalo. The answer of the defendant denies any employment of or indebtedness to the *510plaintiff. It then admits the execution of the contract for the exchange of the property referred to in the complaint, and alleges that the defendant was induced to enter into the same by reason of the false statements and representations made by the plaintiff, as the…

2Cases cited6 opinions

  1. Goodwin v. . WertheimerNew York Court of Appeals · 1885
  2. Bruce v. . BurrNew York Court of Appeals · 1876
  3. Societa Italiana Di Beneficenza v. SulzerNew York Court of Appeals · 1893
  4. Buhler v. WentworthNew York Supreme Court · 1854
  5. Hollenbeck v. ClowNew York Supreme Court · 1854

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