Jungeblut v. Gindra
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Nicholas B. Jungeblnt, from a judgmént of the County Court of Dutchess county in favor of the defendant, entered in the office of the clerk of said county on the 26th day of December, 1908, upon the verdict of a jury, and also from an order bearing date the 19th day of December, 1908, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Miller, J.:
The questions presented on this appeal arise on issues joined by the counterclaim and reply. The defendant was the caretaker of a country place belonging to the plaintiff, and was employed by the plaintiff’s agent to sell it. It is undisputed that he was to receive a commission of five per cent provided he produced a purchaser at $30,000, and it may be inferred from correspondence subsequent to the employment that he was to get that commission on a sale for a less sum. He showed the property to a number of prospective purchasers, among others to a member of a religious order, the…
2Cases cited4 opinions
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Metcalfe v. GordonAppellate Division of the Supreme Court of the State of New York · 1903
- William P. Rae Co. v. KaneAppellate Division of the Supreme Court of the State of New York · 1907
3Cited by2 opinions
- Risser v. HirshhornCourt of Appeals for the Second Circuit · 1952
- Lee E. Hartman & Co. v. HechtPennsylvania Court of Common Pleas · 1912