Legal Opinion

Hamilton v. Gillender

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

Decided February 11, 1898PublishedCited by 2 opinions

Appeal from trial term. Action by John C. L. Hamilton against Augusta T. Gillender to recover commissions earned as real-estate broker in making the sale or exchange oí property belonging to defendant. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.

1Opinion of the CourtMcLAUGHLIN, J.

We think the judgment should be reversed. The record fails to disclose any evidence from which the jury could find that the plaintiff performed any service in bringing about a sale or exchange of the defendant’s property, which legally entitled him to a commission. What he claims to have done is this: One Gardner, a real-estate broker, wrote a letter to one Roberts, whom he at the time supposed was the owner of the defendant’s property, saying that he had city property which he would like to exchange for it. Roberts sent this letter to the plaintiff, who forwarded it to the defendant, with a…

2Cases cited4 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Gerding v. . HaskinNew York Court of Appeals · 1894
  3. Colwell v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1896
  4. Bamberger v. FillebrownThe Superior Court of the City of New York and Buffalo · 1895

3Cited by2 opinions

  1. Veatch v. Standard Oil Co.District Court, S.D. New York · 1940
  2. Schmidt v. UngrichAppellate Terms of the Supreme Court of New York · 1913

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