Legal Opinion

Auten v. Jacobus

Appellate Terms of the Supreme Court of New York

Decided November 15, 1897Published

Appeal from affirmance by the General Term of the City Court of blew York of a judgment, entered upon the verdict of a jury in favor of the plaintiff.

1Opinion of the CourtBischoff, J.

The plaintiff sued for commissions earned by him under an agreement with the defendant whereby the latter promised to- pay him the sum of $240, should he procure the sale of certain premises for $24,000, the defendant desiring to purchase at that figure.

It is not disputed that the plaintiff was thus employed by the defendant, and the further facts in support of the Verdict, as shown by sufficient evidence to require the- submission of the case to the jury, are as follows:

Upon receipt of the defendant’s proposal the plaintiff called upon one Cook, the owner of the property, and communicated…

2Cases cited2 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Eichner v. Bowery BankAppellate Terms of the Supreme Court of New York · 1897

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