Southwick v. Swavienski
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Eugene F. Southwick, from a judgment of the County Court of Chautauqua county in favor of the defendant, entered in the office of the clerk of the county of Chautauqua on the 8th day of January, 1906, affirming a judgment of a justice of the peace of the town of Dunkirk.
1Opinion of the Court
Nash, J.:
The facts are undisputed. The plaintiff entered into an agreement in writing with the defendant on the 20th day of July, 1903, by the terms, of which the defendant agreed to place in the hands of the plaintiff premises situate in the city of Dunkirk for sale at the price of $2,800 upon the following terms: $800 cash and a mortgage back for the balance, the defendant to pay the plaintiff “ upon a sale being negotiated 2|- per cent as his commissions in full for all his services and expenses connected therewith,” the contract to continue in force one year. The plaintiff to “ be…
2Cases cited6 opinions
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Mooney v. . ElderNew York Court of Appeals · 1874
- Levy v. CooganNew York Court of Common Pleas · 1890
- Gold v. SerrellNew York Court of Common Pleas · 1893
- Hanford v. ShapterNew York Court of Common Pleas · 1872
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Humphrey v. KnobelNevada Supreme Court · 1962
- Lord v. United States Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Everson v. PhelpsOregon Supreme Court · 1922
- Hunt v. BeckerAppellate Division of the Supreme Court of the State of New York · 1916
- Zuckerman v. MartinNew York City Court · 1960
4 more not listed; retrieve them via the Exa API.