Legal Opinion

Dura v. Walker, Hart & Co.

New York Court of Appeals

Decided January 6, 1971PublishedCited by 22 opinions

1Opinion of the Court

Chief Judge Fuld.

The question posed by this appeal is whether the Statute of Frauds requires an agreement between two finders—to share in the commission which one of them had received from a third party principal—to be in writing. The courts below answered the question in the affirmative. We reach a contrary conclusion.

*348In August, 1965, Lehman Brothers, which owned substantially all of the stock of Drew Chemical Corporation, enlisted the plaintiff’s services to find a purchaser for Drew upon an oral promise of á finder’s fee. The plaintiff later revealed this proposal to representatives of…

2Cases cited16 opinions

  1. Wainwright & Page, Inc. v. Burr & McAuley, Inc.New York Court of Appeals · 1936
  2. Gorham v. HeimanCalifornia Supreme Court · 1891
  3. Reilly v. MawMontana Supreme Court · 1965
  4. Mattikow v. SudarskyNew York Court of Appeals · 1928
  5. Dayvault v. Baruch Oil Corp.Court of Appeals for the Tenth Circuit · 1954

11 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. Trumpet Vine Investments, N v. v. Union Capital Partners I, Inc.Court of Appeals for the Eleventh Circuit · 1996
  2. Snyder v. BronfmanNew York Court of Appeals · 2009
  3. Sven Salen AB v. Jacq. Pierot, Jr., & Sons, Inc.District Court, S.D. New York · 1983
  4. Haskins v. Loeb Rhoades & Co.New York Court of Appeals · 1981
  5. Sussex Leasing Corp. v. Us West Financial Services, Inc.Court of Appeals for the Second Circuit · 1989

17 more not listed; retrieve them via the Exa API.

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