Wittwer v. . Hurwitz
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1913, affirming a judgment in favor of plaintiff entered by direction of the court after a special verdict. This action is brought by the plaintiff to recover commissions on the sale of certain real estate agreed to be paid by the defendants.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered July 11, 1913, affirming a judgment in favor of plaintiff entered by direction of the court after a special verdict. This action is brought by the plaintiff to recover commissions on the sale of certain real estate agreed to be paid by the defendants. On October 23, 1912, the plaintiff and the defendants entered into a written agreement as follows: “In consideration of one dollar and other good and valuable consideration, the parties of the first part (the defendants) hereby…
1Opinion of the CourtCuddeback, J.
The original contract signed by the defendants provided that the purchaser procured by the plaintiff should assume the $15,000 mortgageheld by the savings bank, whereas- the purchaser named by the plaintiff in his communication of October 26, proposed simply to take the property subject to the savings bank mort gage. This proposal the defendants answered by what was in effect an acceptance upon condition that the payment of $10,000 in cash required by the contract should be made before 12 o’clock that night. The plaintiff insists that the defendants, by this answer to his proposal, waived the…
2Cases cited5 opinions
- Johnson v. . OppenheimNew York Court of Appeals · 1873
- Mooney v. . ElderNew York Court of Appeals · 1874
- Sidney Glass Works v. A. S. Barnes & Co.New York Supreme Court · 1895
- McCotter v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1867
- Howells v. StroockAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by9 opinions
- House v. HornburgAppellate Division of the Supreme Court of the State of New York · 1944
- Barber-Greene Co. v. M. F. Dollard, Jr., Inc.Appellate Division of the Supreme Court of the State of New York · 1934
- F. W. Berk & Co. v. DerecktorNew York Court of Appeals · 1950
- Kleinberg v. Ambassador AssociatesAppellate Division of the Supreme Court of the State of New York · 1984
- Russo v. SlawsbySupreme Court of New Hampshire · 1929
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