Fischer v. Schram
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis B. Schram and others, as executors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of November, 1915, denying defendants’ motion for a new trial made upon the minutes as resettled by a subsequent order entered in said clerk’s office on…
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Appeal by the defendants, Louis B. Schram and others, as executors, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 27th day of November, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 10th day of November, 1915, denying defendants’ motion for a new trial made upon the minutes as resettled by a subsequent order entered in said clerk’s office on the 22d day of November, 1915, and also from an order granting the plain- . tiff a certificate for costs.
1Opinion of the Court
McLaughlin, J.:
On the llth of June, 1911, Nathan Herrmann, the defendants’ testator, offered to build- for and donate to the Jewish Protectory and Aid Society, a charitable organization, a building for use as a trade school. His offer was formally accepted on July 21, 1911.
Plaintiff is an architect, who, prior to the making of the offer by Herrmann, had, at his request, prepared preliminary sketches for the building. After the acceptance of the offer Herrmann, on the 25th of July, 1911, entered into two written agreements with the plaintiff. The first provided for the erection by the…
2Cases cited3 opinions
- Chisholm v. . ToplitzNew York Court of Appeals · 1904
- Chisolm v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
- Hecla Iron Works v. HallAppellate Division of the Supreme Court of the State of New York · 1906