Condit v. . Cowdrey
New York Court of Appeals
Appeal from judgment of tlie General Term of the Superior 'Court of the city of Hew York, entered upon an order made May 6, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This action was brought to recover commissions claimed to have been .earned as broker, in selling certain lands for the defendant. The facts; so far as material, are stated in the opinion.
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Appeal from judgment of tlie General Term of the Superior 'Court of the city of Hew York, entered upon an order made May 6, 1889, which affirmed a judgment in favor of plaintiff entered upon a verdict directed by the court, and affirmed an order denying a motion for a new trial. This action was brought to recover commissions claimed to have been .earned as broker, in selling certain lands for the defendant. The facts; so far as material, are stated in the opinion. The trial judge was not justified in refusing the defendant’s request to go to the jury upon the ground that she first asked for a…
1Opinion of the CourtFinch, J.
The judgment entered by direction of the- court awarding his commissions to the plaintiff stands upon the legal construction and effect of the two papers; one a receipt, and the other an agreement for a deposit in escrow, which the court held merged all prior negotiations and established a contract for the sale and purchase of the Kentucky lands.. H that construction was correct the judgment awarded was an inevitable result; but the defendant claims that the writings show merely an option or privilege for which the alleged vendees paid the sum of two thousand dollars, and which left them at…
2Cases cited2 opinions
- McMaster v. . Pres., Etc., Ins. Co. of N. Am.New York Court of Appeals · 1873
- Richards v. EdickNew York Supreme Court · 1853
3Cited by11 opinions
- Dam v. Kirk La Shelle Co.Court of Appeals for the Second Circuit · 1910
- Mygatt v. . CoeNew York Court of Appeals · 1895
- Josephson v. GensAppellate Terms of the Supreme Court of New York · 1913
- Interactive Properties Corp. v. Blue Cross & Blue ShieldNew York Supreme Court · 1982
- McQuillen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902
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