White v. Molloy
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Bollin W. White, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of February, 1896, upon a dismissal of the complaint directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings.
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Appeal by the plaintiff, Bollin W. White, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 29th day of February, 1896, upon a dismissal of the complaint directed by the court after a trial before the court and a jury at a Trial Term of the Supreme Court held in and for the county of Kings. This action was brought to recover commissions which the plaintiff claimed to have earned while acting as a broker for the defendant upon the sale of certain salt.
1Opinion of the Court
Hatch, J.:
The case does not disclose that, prior to the present transaction, the parties hereto had dealt upon the basis of broker and principal. *102Although there has been some dealings between them, their nature' does not appear. The parties are, therefore, to be.treated at the opening of the present negotiation as buyer and seller. Upon this basis the telegram of plaintiff, which opened the negotiation, constituted an order for two boatloads of salt, as a purchaser. The answer was an acceptance of the offer to the extent of an agreement to furnish and ship the salt as soon as boats could be…
2Cases cited1 opinion
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
3Cited by2 opinions
- Hevia v. WheelockAppellate Division of the Supreme Court of the State of New York · 1913
- Fraser v. BornAppellate Terms of the Supreme Court of New York · 1901