Johnson & Miller v. Buck
Supreme Court of New Jersey
Ok question reserved. The plaintiffs were auctioneers and agents of one Under-hill, who was the owner of certain lots of land in Rahway.
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Ok question reserved. The plaintiffs were auctioneers and agents of one Under-hill, who was the owner of certain lots of land in Rahway. The property was set up at public sale, under the management of the plaintiffs, at Rahway, on the 29th of June, 1869. The conditions of sale were in writing, as follows: “Day of sale, Tuesday, the 29th day of June, 1869; property, two hundred and twenty-eight lots in the city of Rahway, belonging to J. W. Underhill; terms of sale, ten per cent, of the purchase money, and the auctioneers’ fees of five dollars on each numbered lot, to be paid to tlie…
1Opinion of the CourtDepue, J.
At the trial, and on the argument before this-court, the principal grounds for a non-suit were objections to the capacity of the plaintiffs to sue, and the validity of the contract to purchase, by reason of the statute of frauds.
*341The right of the plaintiffs to sue for these moneys, in an action in their own names, is too clear to be questioned. The beneficial interest in the fees for their services as auctioneers, was exclusively in the plaintiffs. The contract in the conditions was an express contract that payment should be made to them. Although the consideration was the agreement of…
2Cases cited1 opinion
- In re Trustees of the First Baptist Church v. BigelowNew York Supreme Court · 1836
3Cited by8 opinions
- Olympic Junior, Inc., in No. 71-1440 v. David Crystal, Inc. Appeal of Edward Defabio, in No. 71-1441. Appeal of Paul D'alessandro, in No. 71-1442Court of Appeals for the Third Circuit · 1972
- Sutton v. LienauNew Jersey Superior Court Appellate Division · 1988
- Fidelity Casualty Co. of New York v. RabornSupreme Court of Alabama · 1937
- Howard Sav. Bank v. SuttonNew Jersey Superior Court Appellate Division · 1990
- Herzog v. TidabackNew Jersey Superior Court Appellate Division · 1961
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