Folinsbee v. Sawyer
The Superior Court of the City of New York and Buffalo
Appeal from trial term. Action by Harrison D. Folinsbee against George P. Sawyer. From a judgment entered on a verdict dismissing the complaint, and from an order denying a motion for a new trial, plaintiff appeals. Reversed.
1Opinion of the CourtHatch, J.
The plaintiff, by his action, seeks to recover commissions due him as a broker for effecting a contract of sale of real *699estate. The evidence relied upon to establish plaintiff’s employment is satisfactory, and clearly authorized the jury so to find. This is scarcely contended against. The real • question in the case is, did plaintiff fulfill the contract which he undertook? If so, he is entitled to remuneration. Whatever doubt existed as to what constitutes the engagement of a broker under such employment was set at rest by the decision in Sibbald v. Iron Co., 83 N. Y. 382, where it is stated…
2Cases cited7 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Gilder v. . DavisNew York Court of Appeals · 1893
- Condict v. . CowdreyNew York Court of Appeals · 1893
- Height v. . the PeopleNew York Court of Appeals · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Travis v. GrahamAppellate Division of the Supreme Court of the State of New York · 1897
- Baldwin v. Jardine Matheson & Co.Court of Appeals for the Second Circuit · 1919
- Fuller v. Bradley Contracting Co.New York Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.