Roberts v. Summit Park Co.
New York Supreme Court
Action by Frank K. Roberts against the Summit Park Company. A nonsuit was granted at the Erie circuit, and plaintiff moves for mew trial, on case and exceptions ordered to be heard in the first instance at general term, as provided by Code Civil Proc. § 1000.
1Opinion of the CourtDwight, P. J.
The action was to recover commissions claimed by plaintiff under an alleged contract of the defendant constituting him its agent for the sale of lots; and also damages for an alleged violation and wrongful rescission of the contract by the defendant. There was a contract in writing between the parties, under which the plaintiff made some sales, but in all of these cases he received Ms commissions from the moneys paid him on sales, and he makes mo claim for any commissions earned or damages sustained by him under the contract as it was executed in writing. His claim made in this action is…
2Cases cited3 opinions
- Doyle v. DixonMassachusetts Supreme Judicial Court · 1867
- Drake v. . SeamanNew York Court of Appeals · 1884
- Bartlett v. WheelerNew York Supreme Court · 1864
3Cited by1 opinion
- Williamsburg City Fire Insurance v. LichtensteinNew York Supreme Court · 1916