Freedman v. Havemeyer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry O. Havemeyer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of June, 1898, denying' the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, Henry O. Havemeyer, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the 24th day of May, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 8th day of June, 1898, denying' the defendant’s motion for a new trial made upon the minutes. The action was brought to recover commissions alleged to have been earned by plaintiffs, real estate brokers, in procuring at defendant’s request a purchaser for real estate. The answer was a general denial.
1Opinion of the Court
McLaughlin, J.:
Upon the trial it appeared that the defendant in October, 1894, purchased the real estate referred to in the complaint from one of the plaintiffs, and within a short time thereafter authorized a firm of real estate brokers (Harnett & Co.) to sell the same for $300,000. This firm thereupon advertised the premises for sale, and from time to time reported to the defendant the offers made for the property, and what they could sell it for. On different occasions, and once, at least a year before a sale was actually made, they informed him that they could sell for $275,000, but he…
2Cases cited1 opinion
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
3Cited by13 opinions
- Frink v. GilbertWashington Supreme Court · 1909
- Travis v. BowronAppellate Division of the Supreme Court of the State of New York · 1910
- Lounsbury v. Bethlehem Steel Corp.Civil Court of the City of New York · 1967
- Basch v. Salvation ArmyAppellate Division of the Supreme Court of the State of New York · 1935
- Ellison v. Sudduth Realty Co.Supreme Court of Alabama · 1928
8 more not listed; retrieve them via the Exa API.