Gwillim v. Smith
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from a judgment rendered in favor of the plaintiffs in the Municipal Court, tenth district, borough of Manhattan, for the sum of $45.87. The action was brought for work, labor and services done and performed and for money expended for and on behalf of the defendant in searching the title to certain real estate, under the terms of special contract, by the terms of which the defendant agreed to pay the sum of $25 and actual disbursements, f The material…
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Appeal by the defendant from a judgment rendered in favor of the plaintiffs in the Municipal Court, tenth district, borough of Manhattan, for the sum of $45.87. The action was brought for work, labor and services done and performed and for money expended for and on behalf of the defendant in searching the title to certain real estate, under the terms of special contract, by the terms of which the defendant agreed to pay the sum of $25 and actual disbursements, f The material facts appear in the opinion.
1Opinion of the CourtFreedman, P. J.
The claim of the plaintiffs in this action is, that they were employed by the attorney (Baker) for the defendant to search the title to a certain portion of real estate upon which the -defendant sought to obtain a loan, and that they were to receive for their services the sum of $25, and, in addition thereto, their actual disbursements.
The defendant admits the employment of the plaintiffs by Baker, her attorney, and admits that he (Baker) was authorized to so employ the plaintiffs, but contends that the terms of the agreement were that if the search showed a defective title or the loan was…
2Cases cited1 opinion
- Patterson Gas Governor Co. v. Lichtenstein Bros.New York Court of Common Pleas · 1894