Ellison v. Chappell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin A. Chappell, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 9,th. day of June, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of June, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Shearn, J.:
Plaintiff brought this action to recover a broker’s commission at the rate of five per cent of the purchase price of certain real property which she claimed to have sold for the defendant. Her complaint set forth two causes of action, both founded -upon the same sale. One was based on an express contract and the other upon quantum meruit. The second cause of action was not submitted to the jury, and the verdict is based upon a finding that the contract was made as alleged and was *265performed by the plaintiff, both of which allegations in the complaint were denied in the answer and…
2Cases cited3 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Travis v. BowronAppellate Division of the Supreme Court of the State of New York · 1910
- Boyd v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Veatch v. Standard Oil Co.District Court, S.D. New York · 1940