King v. Knowles
Appellate Division of the Supreme Court of the State of New York
Appeal by defendant, Benjamin H. Knowles, from an order of the Supreme Court, made at the Kings County. Trial Term and entered in the office of the clerk of the. county of Kings on- the 16th day of Hovember, 1906, setting.aside the verdict of a jury in favor of the defendant and granting a new trial of the action.
1Opinion of the Court
Woodward, J.:
It is evident that there was a false or immaterial issue intruded in this case, and the learned trial court, in a memorandum, gives reasons why the verdict of the jury was "set aside, which, in our opinion, justify the action. The action was brought to recover commissions alleged to have been earned by the plaintiff in securing a purchaser, ready, willing and able to purchase certain real estate in the borough of Brooklyn, which was held by the defendant under a contract for the purpose of sale. The evidence showed conclusively the employment of the plaintiff, and the rate of…
2Cited by1 opinion
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