Legal Opinion

Zadek v. Olds, Wortman & King

Appellate Division of the Supreme Court of the State of New York

Decided February 5, 1915PublishedCited by 9 opinions

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

  1. Patterson v. . MeyerhoferNew York Court of Appeals · 1912

3Cited by9 opinions

  1. Brown v. Mount Vernon Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1952
  2. Weiner v. InfeldAppellate Terms of the Supreme Court of New York · 1921
  3. Bintz v. Mid-City Park Corp.Appellate Division of the Supreme Court of the State of New York · 1928
  4. Johnson & Burns, Inc. v. HaydenSupreme Court of Connecticut · 1922
  5. Kenneth v. NewgoldAppellate Division of the Supreme Court of the State of New York · 1918

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