Sivelli v. New River Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeals by the defendant, New River Coal Company, from two orders of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 3d day of April, 1918, and the 18th day of April, 1918, respectively. The first order appealed from denied defendant’s motion to vacate an order for its examination before trial and the second order stayed all proceedings herein on its part until it had complied with the first order.
1Opinion of the Court
Laughlin, J.:
This action was brought to recover commissions aggregating $3,750 alleged to have been expressly agreed to be paid to plaintiff by defendant for procuring a buyer ready, willing and able to purchase 15,000 tons of coal from it at specified prices. The plaintiff alleges that the contract of employment *63was made by defendant “ through its agents and representatives ” and that he performed by procuring such a buyer but that defendant neglected and refused to enter into a contract with the buyer or to perform on its part. Neither the complaint nor the affidavits sets forth the…
2Cases cited2 opinions
- Wolf v. Union Waxed & Parchment Paper Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Hall v. GilmanAppellate Division of the Supreme Court of the State of New York · 1903
3Cited by6 opinions
- Probst v. FrenkelAppellate Division of the Supreme Court of the State of New York · 1934
- E. Richard Meinig Co. v. United States Fastener Co.Appellate Division of the Supreme Court of the State of New York · 1920
- Graziano v. Eagle Pencil Co.Appellate Division of the Supreme Court of the State of New York · 1923
- Weinberg v. Berkshire Ice Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Albert v. BankenNew York Supreme Court · 1962
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