Flinsch v. Viele, Blackwell & Buck
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Viele, Blackwell & Buck, 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 24th day of July, 1919, upon the report of a referee appointed to hear and determine all the issues, and also from an order entered in said clerk’s office on the 23d day of July, 1919, granting plaintiff’s motion for an extra allowance.
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Appeal by the defendant, Viele, Blackwell & Buck, 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 24th day of July, 1919, upon the report of a referee appointed to hear and determine all the issues, and also from an order entered in said clerk’s office on the 23d day of July, 1919, granting plaintiff’s motion for an extra allowance. Appeal by the plaintiff, Rudolf E. F. Flinseh, from said judgment in so far as it fails to compute the damages awarded to the plaintiff upon the basis demanded by him.
1Opinion of the Court
Merrell, J.:
This action is brought by the plaintiff to recover of the defendant, a domestic corporation, commissions in the sum of $175,000, claimed by plaintiff to be his due from the defendant upon a contract entered into November 25, 1913, *462between the plaintiff and the defendant, whereby plaintiff was to devote his time as far as possible to negotiations intended to result in procuring for the defendant new work in its business.
The defendant, for several years prior to the date of the making of said contract, was engaged in the general engineering business, principally in carrying on…
2Cases cited7 opinions
- Southwick v. First National Bank of MemphisNew York Court of Appeals · 1881
- Walrath v. . Hanover Fire Ins. Co.New York Court of Appeals · 1915
- Brightson v. H. B. Claflin Co.New York Court of Appeals · 1904
- Northam v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1903
- Branower & Son, Inc. v. WaldesAppellate Division of the Supreme Court of the State of New York · 1916
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