Winslow v. Day
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph P. Day, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rensselaer on the 23d day of May, 1919, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 3d day of June, 1919, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
The defendant, a real estate broker in New York city, placed in the hands of the plaintiff, a real estate broker in the city of Troy, the sale of certain real estate in the last-mentioned city promising to divide with the plaintiff the commissions of five per cent if the latter procured a purchaser at the price of $20,000. This is an action to recover such commissions. The plaintiff advertised the property and procured a prospective purchaser who offered $15,000, which offer he subsequently raised to $19,000. The plaintiff by letter on January 7, 1918, communicated the fact of…
2Cases cited3 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Travis v. BowronAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by5 opinions
- Mahne v. MahneSupreme Court of New Jersey · 1974
- Falcone v. Middlesex Co. Medical Soc.New Jersey Superior Court Appellate Division · 1960
- Peoples Trust Co. v. KozuckNew Jersey Superior Court Appellate Division · 1967
- Davis v. BrunoDistrict of Columbia Court of Appeals · 1948
- Fredenburgh-Metzger Realty Co. v. LeventhalAppellate Division of the Supreme Court of the State of New York · 1925