Beaty v. Bacon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Zerelda W. Beaty, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 8th day of March, 1919, striking this case from the Trial Term calendar and directing its trial at Special Term.
1Opinion of the Court
Dowling, J.:
This action is brought to recover damages for the breach of a contract in writing whereby in consideration of T. Sandford Beaty having secured for Edward R. Bacon one share in the Cuba Company of New Jersey for the price of $50,000, covering the amount which had already been paid thereon and was still to be paid, Bacon agreed to pay Beaty one-third of the net profits thereof when and as the same might be received by him. It was provided that the net profits were to be ascertained by charging the full cost of said share, including all the calls paid thereon, with interest at the…
2Cases cited3 opinions
- Simon v. . EtgenNew York Court of Appeals · 1915
- Jones v. . KentNew York Court of Appeals · 1880
- Simon v. BurgessAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Lonsdale v. SpeyerNew York Supreme Court · 1938