Slocum v. Ostrander
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Walter 3Vf. Ostrander, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the cleric-of the'county of Mew York on the 19tli day of March, 1910, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of March, 1910, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Milleb, J.:
The defendant entered into an enforcible contract with one Edward H. Ryan to' exchange certain real properties. The plaintiff claims to have been the broker in the transaction and brings this action for commissions. This appeal is from a judgment in his ■ favor entered on a verdict óf the jury.
The questions whether the plaintiff was employed, whether he was the procuring cause of the making of the contract, and whether' there was a contemporary oral agreement, the performance of which Was' a condition precedent to the taking effect Of the written contract, Were questions of fact,…
2Cases cited2 opinions
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Alt v. DoscherNew York Court of Appeals · 1906
3Cited by2 opinions
- E. F. Keating Co. v. City of New YorkNew York Supreme Court · 1914
- Lederman v. OrecchiutoNew York Supreme Court · 1916