Bannatyne v. Florence Milling & Mining Co.
New York Supreme Court
Appeal from circuit court, New York county. Action by Dugald J. Bannatyne and others against the Florence Milling & Mining Company. From a judgment entered on a verdict in favor of plaintiffs for $1,746.58, and from an order denying a motion for a new trial, defendant appeals. Affirmed.
1Opinion of the CourtParker, J.
The case presented by this record is not the usual one of an agent who has earned an agreed commission by procuring a willing purchaser, but rather of one whose recovery is for damages sustained by reason of the refusal of the owner to fulfill such of his promises as constituted conditions precedent to the securing of a purchaser. The propositions of fact which the jury must necessarily have found in plaintiffs’ favor in order to reach the verdict rendered are briefly that the defendant agreed to permit the plaintiffs to sell its mills and mining property; to allow them a reasonable time in…
2Cases cited3 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Crane v. . PowellNew York Court of Appeals · 1893
- Wells v. . MonihanNew York Court of Appeals · 1891
3Cited by4 opinions
- Emerson v. Pacific Coast & Norway Packing Co.Supreme Court of Minnesota · 1905
- 25 Fifth Avenue Management Co. v. Ivor B. Clark, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Smith v. SlossonNew York Supreme Court · 1895
- Lupean v. BrainardAppellate Division of the Supreme Court of the State of New York · 1897