Nassoiy v. Tomlinson
New York Supreme Court
Appeal from circuit court, Niagara county. Action by J. Felix Nassoiy against David H. Tomlinson and others. From so much of the judgment entered as dismissed the complaint as to the second cause of action stated therein, plaintiff appeals. Reversed.
1Opinion of the CourtDwight, P. J.
The cause of action upon which the plaintiff was non-suited was for a balance of commissions alleged to be due to the plaintiff; on a sale of real estate by him for the defendants. The employment of the former and the fact of a sale, effected by him, of a farm of 60 acres, at the price of $30,000, were not in dispute. The defense insisted upon was payment of $300, or 1 per centum of the consideration realized, which was alleged to have-been received by the plaintiff, in full of his demand. The $300 was in fact received by the plaintiff, but, as he alleged, on account only, leaving due to him…
2Cases cited3 opinions
- Hills v. SommerNew York Supreme Court · 1889
- Fuller v. KempNew York Court of Common Pleas · 1891
- McKeen v. MorseCourt of Appeals for the Second Circuit · 1891
3Cited by8 opinions
- Nassoiy v. . TomlinsonNew York Court of Appeals · 1896
- Reynolds v. Empire Lumber Co.New York Supreme Court · 1895
- Eames Vacuum Brake Co. v. ProsserNew York Supreme Court · 1895
- Elkan v. HitchcockSuperior Court of Buffalo · 1895
- Elkan v. HitchcockSuperior Court of Buffalo · 1894
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