Goldsmith v. Cook
New York Court of Common Pleas
Appeal from city court, general term.' Action by Isaac Goldsmith against Valentine E. K. Cook for commissions on á sale of real estate. A judgment entered on a verdict for plaintiff at a trial term of the city court and an order denying a motion for a new trial were affirmed by the general term of the city court. Defendant again appeals.
1Opinion of the CourtDaly, C. J.
The action was brought to recover commissions as real-es-tote broker, the plaintiff claiming that he was employed by the defendant to ■sell certain premises at the price of $13,000, and that he produced to defendant a. purchaser at that price. The defense was a denial of the alleged employment, and an averment that defendant had previously placed the property in the hands of his brokers for sale, and that they had obtained an offer for the premises at $13,150, which he had accepted before the plaintiff produced his customer. Upon the trial the court excluded evidence of the employment by…
2Cases cited1 opinion
- Jarvis v. . SchaeferNew York Court of Appeals · 1887
3Cited by3 opinions
- Mead v. ArnoldMissouri Court of Appeals · 1908
- Brumfield v. Pottier & Stymus Manufacturing Co.New York Court of Common Pleas · 1893
- McCarty v. TraceyNew York Court of Common Pleas · 1895