Legal Opinion

Prussiano v. Sunrise Plastering Corp.

Appellate Division of the Supreme Court of the State of New York

Decided May 23, 1955PublishedCited by 1 opinion

1Opinion of the Court

In this action on defendants’ alleged oral agreement to pay plaintiff 5% of the amount of each contract for plastering work that he would procure for them, defendants appeal from a judgment in plaintiff’s favor entered upon the verdict of a jury. Judgment unanimously affirmed, with costs. Under the agreement, each time that defendants elected to accept a proposed contract brought to them by plaintiff there arose a separate obligation on their part to pay him the agreed commission. Neither party, however, was obligated to do anything to bring about another such contract. Since the agreement…

2Cases cited2 opinions

  1. Nat Nal Service Stations, Inc. v. WolfNew York Court of Appeals · 1952
  2. Rathbone v. MionAppellate Division of the Supreme Court of the State of New York · 1953

3Cited by1 opinion

  1. Thomas F. Maher v. Isthmian Steamship CompanyCourt of Appeals for the Second Circuit · 1958

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