Van Siclen v. Herbst
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Louis Herbst, from a, judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the loth day of January, 1896, upon the verdict of a jury, and also from an order, entered in said clerk’s office on the 14th day of January, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Per Curiam :
This action is brought to recover commissions as broker on a sale of a piece of real estate owned by the defendant. The case involves a mere question of fact. It is conceded that in 1890 the defendant employed the plaintiff to sell the property for $10,000. It is also conceded that the employment continued until about the month of April, 1892. The defendant testified that at this time, both orally *256and by letter, he terminated the plaintiff’s employment. This the plaintiff denied. In July or August of 1892 the plaintiff procured a purchaser who was willing to buy the property for…
2Cited by2 opinions
- Moore v. BoehmAppellate Terms of the Supreme Court of New York · 1904
- Moore v. BentsonSupreme Court of Minnesota · 1920