Legal Opinion
Birnbaum v. Unger
Appellate Terms of the Supreme Court of New York
Decided May 9, 1912PublishedCited by 4 opinions
Appeal from City Court of New York, Trial Term. Action by Max Birnbaum against Regina Unger. From a judgment for plaintiff on a directed verdict, and from an order denying a motion for new trial, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGerard, J.
[ 1 ] Plaintiff claimed that he and his assignor, Samuel Seiniger & Co., were employed by the defendant to procure a loan of $35,000 on certain real property owned by defendant. Plaintiff sued upon an alleged oral contract, claiming that a paper which was admitted in evidence, and which was unsigned, was but a “tentative agreement,” although as to this paper Seiniger, one of the plaintiff’s assignors, testified that:
“This paper contains the terms on which I regarded myself as employed by this defendant.”
This paper was as follows:
“New York, February 8, 1910.
“Messrs. Samuel Seiniger & Co.—Dear…
2Cases cited1 opinion
- Holliday v. Roxbury Distilling Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by4 opinions
- Pellaton v. BrunskiCalifornia Court of Appeal · 1924
- Globerman v. LedererAppellate Division of the Supreme Court of the State of New York · 1952
- Webert v. RobertsMichigan Supreme Court · 1920
- Pellaton v. BrunskiCalifornia Court of Appeal · 1924