Erben v. Lorillard
New York Court of Appeals
This appeal is from the judgment of the General Term of the Supreme Court, first district, affirming a judgment entered upon a verdict at the circuit in favor of the plaintiff.
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This appeal is from the judgment of the General Term of the Supreme Court, first district, affirming a judgment entered upon a verdict at the circuit in favor of the plaintiff. The complaint alleges that the plaintiff, at the request of the defendant, negotiated for the purchase of a tract of land at the corner of Canal and Centre streets, in the city of Hew York, and by reason of the plaintiff’s labor and exertions, the price of the owner was reduced from seventy-five thousand ($75,000) dollars to fifty-five thousand ($55,000) dollars, at which latter price the defendant purchased; and the…
1Opinion of the Court
Lboítard, J.
The whole of the original agreement between the parties was competent as evidence for the plaintiff’, although it necessarily included that part which related to the lease.
It was a part of the same conversation, occurring at the time the defendant employed the plaintiff to negotiate for him in the purchase of the land. The proof of an agreement to give a lease was a part of the res gestee to establish the retainer, and not to form the rule of damages.
The nature of the plaintiff’s claim is an admission that he has no claim to any pecuniary compensation for his services, if the…
2Cited by2 opinions
- McElroy v. LudlumSupreme Court of New Jersey · 1880
- King v. BroadhurstAppellate Division of the Supreme Court of the State of New York · 1914