Hoisting Machinery Co. v. Goeller Iron Works

The opinion of the court was delivered by

Trenchard, J.

This suit was brought to recover a commission of five per cent, for the services of the plaintiff, a mechanical engineering company, in procuring for the defendant, who was engaged in the business of constructing and erecting iron work, a contract with the Harwood Electrical Company.

The plaintiff’s action was based, primarily, upon the following letter purporting to be from the defendant:

“.Newark, N. J., Aug. 23, 1909.

“Hoisting Machinery Co.,

“New York City:

“Dear Sirs — We have to-day mailed estimate to the Harwood Mfg. Co. for structure…