Hodgkins v. . Mead
New York Court of Appeals
Appeal from order of the General Term of the City Court of Brooklyn, made May 27, 1889, which affirmed an order of the court at a trial term, granting a motion on the part of plaintiff to amend or correct a sealed verdict herein. The nature of the action, and the material facts are stated in the opinion. In an action to recover money the jury must assess the amount of the damages. (Code Civ.
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Appeal from order of the General Term of the City Court of Brooklyn, made May 27, 1889, which affirmed an order of the court at a trial term, granting a motion on the part of plaintiff to amend or correct a sealed verdict herein. The nature of the action, and the material facts are stated in the opinion. In an action to recover money the jury must assess the amount of the damages. (Code Civ. Pro. § 1183.) If the jury fails to assess the amount of damages, there is no verdict. (Clum v. Smith, 5 Hill, 560 ; Ex parte Cuykendall, 6 Cow. 53; Jackson v. Williamson, 2 T. R. 281; Davis v. Taylor, 2…
1Opinion of the CourtPeckham, J.
This action was brought to recover the amount of one per cent commission as a real estate broker upon the sum of $80,000, being the purchase-price of certain real estate owned by appellant, which the plaintiff alleged he had procured a purchaser for upon the employment of the defendant.
The answer set up a special contract between the parties, by which the plaintiff was to claim and be entitled to no commissions except upon the performance by the proposed purchasers of the property, of the special contract of sale entered into between them and defendant, and the answer alleged a failure by the…
2Cases cited1 opinion
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
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