Kalley v. . Baker
New York Court of Appeals
Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 21, 1890, which affirmed a judgment in favor of plaintiffs, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, arc stated in the opinion. Plaintiff’s right to compensation depended upon the performance of the undertaking.
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Appeal from judgment of the General Term of the City Court of Brooklyn, entered upon an order made February 21, 1890, which affirmed a judgment in favor of plaintiffs, entered upon a verdict and affirmed an order denying a motion for a new trial. The nature of the action and the facts, so far as material, arc stated in the opinion. Plaintiff’s right to compensation depended upon the performance of the undertaking. (Sibbald v. B. I. Co., 83 N. Y. 378; McGavock v. Woodlief, 20 How. [U. S.] 221; Duclos v. Cunningham, 102 N. Y. 678; Fraser v. Wyckoff, 63 id. 445 ; Barnes v. Roberts, 5 Bosw. 73.)…
1Opinion of the Court
Follett, Ch. J.
This action was begun to recover commissions alleged to have- been earned by the plaintiffs in procuring the execution of a contract between the defendant and one Humphery, for the exchange of real estate.
In 1889, and for some years prior thereto, the defendant -owned a farm in the state of Massachusetts, and Ann O. Humphery an apartment-house on the north side of Remsen -street, in. the city of Brooklyn, known as the “Aldine,” in which there was certain personal property.
February 18, 1889, the defendant and Humphery entered into a written contract by which they agreed to…
2Cases cited1 opinion
- Barnes v. RobertsThe Superior Court of New York City · 1859
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- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Flynn v. JordalSupreme Court of Iowa · 1904
- Martineau v. HansonUtah Supreme Court · 1916
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