Dreyer v. Rauch
New York Court of Common Pleas
Appeal by the plaintiff, Herman Dreyer, from a judgment rendered in one of the district courts. The defendant, Louis Rauch, being desirous of selling a bakery belonging to him, authorized the plaintiff, Dreyer, the defendant, Frederick Schmitt, and one Christopher Weinz (each of whom was areal estate broker and acting for himself individually), to sell the same, he agreeing to pay to the one who should procure him a satisfactory customer a commission of five per cent.
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Appeal by the plaintiff, Herman Dreyer, from a judgment rendered in one of the district courts. The defendant, Louis Rauch, being desirous of selling a bakery belonging to him, authorized the plaintiff, Dreyer, the defendant, Frederick Schmitt, and one Christopher Weinz (each of whom was areal estate broker and acting for himself individually), to sell the same, he agreeing to pay to the one who should procure him a satisfactory customer a commission of five per cent. On or about January 20, 1870, the bakery was sold to one John Rasp, for thirty-five hundred dollars, which was the sum or…
1Opinion of the Court
Loew, J.*
By section 8 of the Code, the provisions of that act from sections 69 to 126, both inclusive, are made applicable to actions in all the courts of the State.
That this refers to actions in the district and other inferior courts as well as to those in courts of record, is evident from the fact that the same section declares that the other provisions of the second part of the Code shall relate to actions in the supreme court and *346the other courts of record, and also for the reason that in the enumeration of the courts of this State in section 9, the justices’ (now district) and other…
2Cited by9 opinions
- Glascock v. VanfleetTennessee Supreme Court · 1898
- Pfister v. WadeCalifornia Supreme Court · 1880
- Douville v. ComstockMichigan Supreme Court · 1896
- Trembley v. MarshallAppellate Division of the Supreme Court of the State of New York · 1907
- Ahrens v. BurkeNew York Court of Common Pleas · 1881
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