Barnard v. Monnot
New York Supreme Court
THIS is an appeal brought by the plaintiff, from a judgment of this court dismissing the complaint, rendered at a trial term thereof, held by Hon. William F. All,en, on the 8th day of March, 1859. The complaint alleges a retainer of the plaintiff as a real estate broker, by the defendant, to negotiate the sale of the large block of ground bounded on the Fifth avenue, Twenty-third and Twenty-fourth streets, in the city of Hew York, known as the Hippodrome property.
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THIS is an appeal brought by the plaintiff, from a judgment of this court dismissing the complaint, rendered at a trial term thereof, held by Hon. William F. All,en, on the 8th day of March, 1859. The complaint alleges a retainer of the plaintiff as a real estate broker, by the defendant, to negotiate the sale of the large block of ground bounded on the Fifth avenue, Twenty-third and Twenty-fourth streets, in the city of Hew York, known as the Hippodrome property. That on the 31s# May, 1855, the defendant and a purchaser met at the plaintiff’s office, and the defendant agreed to sell, and the…
1Opinion of the Court
By the Court, Clerke, P. J.
It appears to me very evident that the plaintiff had no agency whatever in negotiating *93the second agreement effected between the defendant and Eno, It was essentially different from the bargain by which the latter was to give $250,000 for the property. It was only for a portion of it; of which the consideration money was $170,000; for which Eno gave the defendant Ho. 74 Broadway at a valuation of $100,000 instead of $110,000; Eno assuming a mortgage for $80,000 on the property which he purchased from the defendant. He also agreed to lend the defendant $50,000, and…
2Cited by3 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Middleton v. FindlaCalifornia Supreme Court · 1864
- Stillman v. MitchellThe Superior Court of New York City · 1864