Vorhis v. Elias
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert B. Vorhis, from a judgment of the.Supreme Court in favor of the defendant's, entered in the office of the cleric of the county of Hew York on the 23d day of February, 1899, upon the decision of the court rendered after a trial before the court without a jury at the Hew York Trial Term.
1Opinion of the Court
The following is the opinion of the court below:
McAdam, J.:
The action is to recover an alleged balance due for brokerage claimed to have been earned by the plaintiff on the sale of a lot of flooring by the defendants, who are lumber dealers in Buffalo, to *413one Hepburn, a builder of Hew York city. The defendants had a dispute with Hepburn as to the proper mqde of measuring the flooring, a circumstance affecting the amount Hepburn was to pay. A compromise was had with Hepburn which resulted in a loss to the defendants, in consequence of which they claimed the plaintiff was bound to deduct…
2Cases cited4 opinions
- Fuller v. . KempNew York Court of Appeals · 1893
- Hills v. SommerNew York Supreme Court · 1889
- Wisner v. SchoppAppellate Division of the Supreme Court of the State of New York · 1898
- Bernard v. Henry Werner Co.Appellate Terms of the Supreme Court of New York · 1897