Legal Opinion

Aronowitz v. Woollard

Appellate Division of the Supreme Court of the State of New York

Decided March 3, 1915PublishedCited by 4 opinions

Appeal by the plaintiff, Max Aronowitz, from a judgment of the County Court of Albany county, entered in the office of the clerk of said county on the 22d day of September, 1914, dismissing the complaint upon the decision of the court after a trial before the court without a jury.

1Opinion of the Court

Kellogg, J.:

The plaintiff, as agent for one Champagne, sold to the defendant certain real estate for $12,500, receiving therefor the checks of the defendant drawn to Champagne, one of which for $500 was thereupon indorsed and turned over to the plaintiff. Defendant stopped payment on this latter check and this action was brought to recover thereon.

The trial court has adopted the defendant’s version of the facts as follows: The plaintiff, a real estate agent, asked him to buy the real estate; he asked what was the lowest price and received the reply that the owner would not take less than *366$12,5…

2Cases cited1 opinion

  1. Douglass v. RichardsAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by4 opinions

  1. Theis v. LutherCourt of Appeals for the Eighth Circuit · 1945
  2. Huttig v. NessySupreme Court of Florida · 1930
  3. Sanders v. StevensArizona Supreme Court · 1922
  4. People v. DavisCalifornia Court of Appeal · 1934

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