Jacobs v. Kolff
New York Court of Common Pleas
Appeal by defendants from a judgment of the Marine Court. The action was brought to recover brokerage claimed by plaintiff under a special contract. On the trial, judgment was rendered in favor of the plaintiff, which was affirmed by the general term of the Marine Court. The defendants appealed. The facts out of which the claim arose, and the contract relied upon, are fully stated in the opinion of the court.
1Opinion of the Court
By the Court, Daly, First Judge.
The plaintiff was employed by the defendants, as a broker, to sell segars, of which the defendants had a million on hand—the defendants agreeing to give him one and a half per cent, commission on sales. The plaintiff took samples, but effected no sales—telling the defendants, some time after, that other houses gave him more brokerage, and that, therefore, he gave them the preference. The defendants then agreed to give him 25 cents per thousand brokerage. No limit as to ¡Drice was fixed by the defendants, which left it optional with them to accept or reject such…
2Cited by7 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Moses v. . BierlingNew York Court of Appeals · 1865
- Harper v. ShmulevitzCity of New York Municipal Court · 1958
- Briggs v. RoweNew York Court of Appeals · 1868
- Burkard v. Midvale Estates, Inc.Nassau County District Court · 1964
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