Hart v. Hoffman
New York Court of Appeals
The plaintiffs sued, in the New York court of common pleas, to recover brokerage for procuring one Moses as a purchaser for a stable belonging to the defendant, situate in the city of New York.
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The plaintiffs sued, in the New York court of common pleas, to recover brokerage for procuring one Moses as a purchaser for a stable belonging to the defendant, situate in the city of New York. Moses, a person procured by the broker, offered to purchase on the owner’s terms, and the owner, on being informed of the fact, refused to convey on the ground that a month had elapsed since the broker’s employment to sell, and that the owner bad advanced his price and bad forgotten to inform the broker of it. The plaintiffs, thereupon, brought suit. The answer was substantially a general denial; and…
1Opinion of the Court
By the court, Peckham, J.
From the papers it is difficult to discover the precise ground upon which the court, at the trial, dismissed this complaint.
When the plaintiffs rested their case the defendant moved to dismiss: because first, there was no contract in writing between the contracting purchaser Moses and the'defendant. Second, the plaintiffs had proved no cause of action.
On the second ground the court dismissed the complaint. Thus the court virtually repudiated the first ground; but upon some other defect uot stated or alluded to on the trial, the complaint was dismissed. We think the…
2Cases cited2 opinions
- Potter v. . Merchants' BankNew York Court of Appeals · 1863
- Ingalls v. LordNew York Supreme Court · 1823
3Cited by28 opinions
- McFarland v. LillardIndiana Court of Appeals · 1891
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Iselin v. GriffithSupreme Court of Iowa · 1883
- Goss v. BroomSupreme Court of Minnesota · 1884
- Vinton v. BaldwinIndiana Supreme Court · 1882
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