Cox v. Hawke
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Arthur S. Cox and another against Madison G. Hawke. From a judgment dismissing the complaint, plaintiffs appeal. Re•versed.
1Opinion of the CourtDowling, J.
Upon a motion to dismiss the complaint, plaintiff is entitled to have that view of the evidence taken which is most favorable to the plaintiff. Green v. Miller, 74 Hun, 271, 26 N. Y. Supp. 425. Upon the trial of this action, brought to recover a broker’s commissions upon a sale of real estate, there was testimony that after plaintiffs produced one Hollander, a financially responsible party, as a purchaser of the property in question, who. had agreed to pay the sum of $18,500 per lot therefor—being the price which defendant had agreed to accept—the terms were pronounced satisfactory by…
2Cases cited1 opinion
- Greene v. MillerNew York Supreme Court · 1893