Gallagher v. Dullea
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles Dullea, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of St. Lawrence on the 24th day of January, 1921, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 29th day of January, 1921, denying defendant’s motion to set aside the verdict and for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
On March 15, 1920, the defendant entered into a written contract with the plaintiffs whereby they were to undertake the sale of the defendant’s farm. The contract, known as the listing contract, mentioned the farm as containing 150 acres. The defendant agreed to give possession March 1, 1921, nearly one year after the contract was made. The terms on which the farm was to be sold were, so far as stated, as follows: “ Best terms $4000 down balance at 6%. Lowest cash price $80 per acre.” The contract concludes as follows: *120“ I, the undersigned, agree to list this farm for a period of…
2Cases cited1 opinion
- E. A. Strout Farm Agency, Inc. v. DeForestAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by12 opinions
- House v. HornburgAppellate Division of the Supreme Court of the State of New York · 1944
- John M. Thompson & Co. v. New Madison Square Garden Corp.Appellate Division of the Supreme Court of the State of New York · 1929
- Stern v. Bristol Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Pearsen v. LemkenCity of New York Municipal Court · 1962
- Harper v. ShmulevitzCity of New York Municipal Court · 1958
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