Legal Opinion

Markus v. Kenneally

Appellate Terms of the Supreme Court of New York

Decided February 15, 1897PublishedCited by 3 opinions

Appeal by plaintiffs from judgment of the Tenth District Court dismissing complaint.

1Opinion of the CourtMoAdam, J.

The action is for brokerage in effecting an exchange of real estate.

The plaintiffs, real estate brokers, had certain Brooklyn lots of the defendant for sale, and offered him a house belonging to one Ward, situate in Fifty-second street, Kew York city, in exchange for them. Ward declined to exchange even, whereupon the defendant offered $500 to boot, which he afterwards increased to ' $1,000; but Ward declined to accept, and the trade- apparently fell through.

Whatever the plaintiffs did was done in June and up to about July 4, 1896. Thereafter, and on July 31, 1896, the plaintiffs discovered…

2Cases cited4 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Hay v. PlattNew York Supreme Court · 1892
  3. Orvis v. CurtissNew York Court of Common Pleas · 1895
  4. Douglass v. HalsteadNew York Supreme Court · 1894

3Cited by3 opinions

  1. Cone v. KeilCalifornia Court of Appeal · 1912
  2. Butterfield v. Consolidated Fuel Co.Utah Supreme Court · 1913
  3. Kimmell v. MohlerWest Virginia Supreme Court · 1926

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