Legal Opinion

Nassoiy v. . Tomlinson

New York Court of Appeals

Decided January 28, 1896PublishedCited by 188 opinions

Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial.

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Appeal from judgment of the General Term of the Supreme Court in the fifth judicial department, entered upon an order made January 18, 1894, which affirmed a judgment in favor of plaintiff entered upon a verdict, and also affirmed an order denying a motion for a new trial. The plaintiff sued to recover the sum of $1,200, which he claimed as a balance due him from the defendants for commissions on the sale of real estate owned by them, upon the agreed basis of five per cent on the purchase price, which' was $30,000. The defendants claimed that the agreement was that they should pay the…

1Opinion of the CourtVann, J.

On the sixth of April, 1887, the plaintiff sold the property of the defendants, under an agreement that he was to receive compensation for his services in making the sale, but there was a difference between them as to the amount. The sale was not completed until about June 20th, 1887, on which day Mr. Ohauncey, who represented the defendants in all their dealings with the plaintiff, wrote to him as follows: “ I heard to-day from Mr. Griffith that the sale to Weston was completed on Saturday. I send you a check for three hundred dollars (1 per cent on $30,000), your commission on the sale.…

2Cases cited8 opinions

  1. Fuller v. . KempNew York Court of Appeals · 1893
  2. Ryan v. . WardNew York Court of Appeals · 1872
  3. Jaffray v. . DavisNew York Court of Appeals · 1891
  4. Kromer v. . HeimNew York Court of Appeals · 1879
  5. Hills v. SommerNew York Supreme Court · 1889

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3Cited by188 opinions

  1. Chicago, Milwaukee & St. Paul Railway Co. v. ClarkSupreme Court of the United States · 1900
  2. Hudson v. Yonkers Fruit Co.New York Court of Appeals · 1932
  3. Eames Vacuum Brake Co. v. . ProsserNew York Court of Appeals · 1898
  4. Berger v. LaneCalifornia Supreme Court · 1923
  5. Merrill Lynch Realty/Carll Burr, Inc. v. SkinnerNew York Court of Appeals · 1984

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

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