Harrell v. Bonfils Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Bonfils Improvement Company, from a judgment of the Supreme Court in favor of the plaintiff, ■ entered in the office of the clerk of the county of New York on the 6th day of November, 1896, upon the verdict of a jury, and also from an order entered in. said clerk’s office on the 10th day of November, 1896, denying the defendant’s motion for a new trial made upon, the minutes.
1Opinion of the Court
O’Brien, J.:
The action was brought, to recover a sum claimed as commissions upon the leasing of certain store property. The issue presented by the pleadings was narrowed down to a question as to whether the plaintiff agreed absolutely for one per cent commission to procure a tenant, not only for the Fifth avenue property, but also for another piece of property in Nineteenth street. Upon this question as to the nature and extent of the contract there was a conflict of evidence which has been settled by the verdict of the jury; and there being no such preponderance of evidence as would justify…
2Cases cited2 opinions
- Chatfield v. . SimonsonNew York Court of Appeals · 1883
- Schopen v. BaldwinNew York Supreme Court · 1894
3Cited by1 opinion
- Clifton Springs Sanitarium Co. v. DevoystNew York Supreme Court · 1930