Dardonville v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Ray A. Dardonville, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Nassau oh the 10th day of December,. 1908, upon the decision of the court dismissing the complaint after the opening of the case on trial at the Nassau Special Term. • '
1Opinion of the Court
Rich, J.:
The plaintiff employed the firm of Smith & Verity and the defendant • Mae E. Powell, under separate agreements, to sell a piece of real property, agreeing with each that if they procured a purchaser she would pay a commission of two and one-half per centum of the purchase price for their services. Thereafter plaintiff sold her property to one Rosanna Norman for $2,000. Smith & Verity and their codefendant each claim to have procured the purchaser, and to be solely entitled to said commission, and the plaintiff, being unable to determine to which of the claimants she was indebted,…
2Cases cited5 opinions
- Mohawk & Hudson Railroad v. CluteNew York Court of Chancery · 1834
- Dorn v. . FoxNew York Court of Appeals · 1874
- Mayor of New York v. FlaggNew York Supreme Court · 1858
- Trembley v. MarshallAppellate Division of the Supreme Court of the State of New York · 1907
- Redfield v. Supervisors of Genesee CountyNew York Court of Chancery · 1839
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- Williams v. ParkerSupreme Court of South Carolina · 1924
- Clyde v. First National Bank, Pennsylvania Court of Common Pleas, Delaware County1945
- Preston, Inc. v. RiceAppellate Division of the Supreme Court of the State of New York · 1919