Ellison v. Chappell
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Franklin A. Chappell, 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 9,th. day of June, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 11th day of June, 1917, denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Page, J. (dissenting):
The jury has found upon evidence amply sustaining the finding that the defendant agreed to pay the plaintiff a commission of five per cent if she produced a purchaser or sold the property. The price that was given to her was $45,000. While it is true that Thanhouser’s attention was attracted to the property by a sign indicating that it was for sale, she was the first person to show him over the property and give him the price of $45,000. She sent Thanhouser’s card to the defendant. When informed that the estate desired to get $55,000 for the property, she wrote and…
2Cases cited4 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Travis v. BowronAppellate Division of the Supreme Court of the State of New York · 1910
- Boyd v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1909