Morgenstern v. Hill
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Jacob Morgenstern against Charles B. Hill. From a judgment in favor of plaintiff for $837.86, entered on a verdict of a jury, and from an order denying a motion for a new trial on the minutes, defendant appeals. Reversed.
1Opinion of the CourtWhite, J.
The defendant was interested in two farms in the vicinity of the city of Buffalo, as agent for the owners, from some time in 1888 until April 9, 1890. In 1888 the plaintiff secured from the defendant the right to purchase these farms by paying the sum of $400 for the privilege. He was unable to complete the purchase, and forfeited the $400. At about the time he lost the privilege of purchasing the farms, or soon thereafter, the defendant said to the plaintiff that if, at any time thereafter, he would secure a purchaser for these lands, the defendant would divide commissions with him.…
Also in this document: Concurrence.
2Cases cited11 opinions
- Coster v. Mayor, Aldermen & CommonaltyNew York Court of Appeals · 1871
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Taussig v. . HartNew York Court of Appeals · 1874
- Parkist v. AlexanderNew York Court of Chancery · 1815
- Jarvis v. . SchaeferNew York Court of Appeals · 1887
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3Cited by3 opinions
- Kline v. Pyms Suchman Real Estate CompanyDistrict Court of Appeal of Florida · 1974
- McCall v. JohnsCourt of Appeals of Texas · 1956
- Fisk v. WaiteOregon Supreme Court · 1909