Whitehouse v. Drisler
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendants, Henry Drisler and others, as executors, etc., of Henry Drisler, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 22d day of October, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 27th day of October, 1898, denying the defendants’ motion for a new trial made upon the…
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■ Appeal by the defendants, Henry Drisler and others, as executors, etc., of Henry Drisler, deceased, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 22d day of October, 1898, upon the verdict of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 27th day of October, 1898, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover commissions alleged to have been earned by the plaintiffs, real estate brokers, in selling certain *526real estate under an agreement made with defendants’ testator. The defendants by their answer denied all the material allegations of the complaint. Upon the trial it appeared that Henry Drisler, the defendants’ testator, on the 22d of February, 1897, went to the plaintiffs’ office in response to a letter written by them the day before, and announced that he accepted the offer made in their letter for the real estate in question. A contract was…
2Cases cited2 opinions
- Briggs v. . PartridgeNew York Court of Appeals · 1876
- Schaefer v. . HenkelNew York Court of Appeals · 1878
3Cited by5 opinions
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Williams v. MageeAppellate Division of the Supreme Court of the State of New York · 1902
- Furculi v. BittnerCity of New York Municipal Court · 1910
- Spencer v. HuntingtonAppellate Division of the Supreme Court of the State of New York · 1905
- Williams v. MageeAppellate Division of the Supreme Court of the State of New York · 1902