Walker v. Sterry
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James W. Sterry, from a judgment of the Supreme Ooürt in favor of the plaintiff, entered in the office of the clerk of the comity of Suffolk on the 6th day of October, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Woodward, J.:
This is an action to recover a commission of five per cent upon $2,200, the purchase price of a certain piece of real estate. There was evidence which would justify the jury in finding that the plaintiff was employed by the defendant to find a purchaser of the premises in question at $2,500; that the defendant, in conversation with the plaintiff, had talked of the feasibility of selling-the premises to one Sekine, a neighbor of the. plaintiff, who was engaged in raising fruit, and that the defendant had given the plaintiff to understand that he should have the commission whether…
2Cases cited2 opinions
- Coulter v. . American Merchants' Un. Ex. Co.New York Court of Appeals · 1874
- H. G. Waters & Son v. RafalskyAppellate Division of the Supreme Court of the State of New York · 1909