Carpenter v. Atlas Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Atlas Improvement Company, from an order of the Supreme Court, made at the Westchester Special Term and entered in the office of the clerk of the county of Westchester on. the 30th day of Rovemben, 1908;, granting the plaintiffs’ motion for leave to amend the complaint.
1Opinion of the Court
Rich, J.:
In 1905 the plaintiffs commenced this action to recover commissions for the sale of real property. The complaint alleges an employment to sell “ a certain plot of land situated on the córner" of Railroad avenue and Spring street, in the village of White Plains.” The only averment of performance entitling them to commissions is contained in the third subdivision" of the complaint in the following language: “Third: That "plaintiffs procured three purchasers for parts of said premises willing and able to purchase and furnished their names and addresses to the defendant.” The defendant,…
2Cases cited2 opinions
- Bates v. Salt Springs National BankAppellate Division of the Supreme Court of the State of New York · 1899
- Carpenter v. Atlas Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1908
3Cited by1 opinion
- Sharp v. SharpNew York Supreme Court · 1914