Zadek v. Olds, Wortman & King
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Jacob Zadek, for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint by direction of the court at the opening, upon a trial before the court and a jury at the New York Trial Term in June, 1913.
1Opinion of the Court
Hotchkiss, J.:
The complaint was dismissed for failure to state a cause of action. Plaintiff sues as assignee of one Taussig, upon a written contract between the latter and the defendant. The provisions affecting the sufficiency of the complaint are as follows: It recites that “for and in consideration of five (5) per cent commission on the actual cost of all fixtures for which plans, designs and specifications shall have been actually prepared ” *62by Taussig, he “ agrees to plan, design and inspect the construction of and superintend and inspect, the installation of fixtures to be placed upon…
2Cases cited1 opinion
- Patterson v. . MeyerhoferNew York Court of Appeals · 1912
3Cited by9 opinions
- Brown v. Mount Vernon Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1952
- Weiner v. InfeldAppellate Terms of the Supreme Court of New York · 1921
- Bintz v. Mid-City Park Corp.Appellate Division of the Supreme Court of the State of New York · 1928
- Johnson & Burns, Inc. v. HaydenSupreme Court of Connecticut · 1922
- Kenneth v. NewgoldAppellate Division of the Supreme Court of the State of New York · 1918
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