Mulhall v. Bradley & Currier Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Mulhall, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the lltli day of January, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the second separate cause of action set forth in the amended complaint, upon the ground that it did not state facts sufficient to constitute a cause of…
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Appeal by the plaintiff, John Mulhall, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the lltli day of January, 1900, upon the decision of the court, rendered after a trial at the New York Special Term, sustaining the defendant’s demurrer to the second separate cause of action set forth in the amended complaint, upon the ground that it did not state facts sufficient to constitute a cause of action, and dismissing the complaint as to said cause of action.
1Opinion of the Court
Barrett, J.:
The plaintiff’s first cause of action is upon a quantum meruit. He alleges the employment of his assignor, one Unger, by the defendant as its broker to effect an exchange of real estate; that the defendant instructed Unger to offer its property to the owners of certain other property upon specified terms; that Unger, as thus instructed, made the offer to those other owners, and that it was accepted, of which acceptance the defendant was notified; that the defendant thereafter refused to proceed with the exchange; that ■ Unger’s services were reasonably worth $950; and that his…
2Cases cited1 opinion
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
3Cited by6 opinions
- Calkins v. F. W. Woolworth Co.Court of Appeals for the Eighth Circuit · 1928
- Allan Fox Co. v. WohlNew York Court of Appeals · 1931
- Duross Co. v. EvansAppellate Division of the Supreme Court of the State of New York · 1965
- Darling v. MoscowitzAppellate Terms of the Supreme Court of New York · 1916
- Duross Co. v. EvansAppellate Division of the Supreme Court of the State of New York · 1965
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