Legal Opinion · Dissent

Angell v. Van Schaick

New York Supreme Court

Decided April 11, 1890Published

Appeal from special term, Cattaraugus county. Action by Cyrus D. Angelí against William Van Schaick and others. Plaintiff appeals from a judgment overruling his demurrer to the answer.

1Dissent

Corlett, J.,

(dissenting.) The complaint shows this action was brought in October, 1886, to recover $500 and interest as commissions for the sale of 135 acres of land McKean county, Pa., upon which there were producing oil-wells. The defendants’ first answer is a denial. The second admits the employment of the plaintiff by the defendants, the sale of land, and the amount of commissions. It then alleges the existence of certain statutes-in Pennsylvania, which are set out in the answer, which enact, in substance, that a broker for the sale of property, including real estate, must pay a certain…

2Cases cited4 opinions

  1. Marie v. . GarrisonNew York Court of Appeals · 1880
  2. Coppell v. HallSupreme Court of the United States · 1869
  3. Lorillard v. . ClydeNew York Court of Appeals · 1881
  4. Backman v. JenksNew York Supreme Court · 1869

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