Legal Opinion

Morgenstern v. Hill

Superior Court of Buffalo

Decided May 3, 1894Published

Appeal from a judgment in favor of plaintiff, entered on a verdict, and from an order denying a motion for a new trial on the minutes.

1Opinion of the CourtWhite, J.

The defendant was interested in two farms in the vicinity of the city of Buffalo, as agent for the owners, from some time in 1888 until April 9, 1890. In 1888 the plaintiff secured from the defendant the right to purchase these farms by paying the sum of $400 for the privilege. He was unable to complete the purchase, and forfeited the $400. At about the time he lost, the privilege of purchasing the farms, or soon thereafter, the defendenant said to the plaintiff that if, at any time thereafter, he would secure a purchaser for these lands, the defendant would divide commissions with him.…

2Cases cited10 opinions

  1. Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
  2. Taussig v. . HartNew York Court of Appeals · 1874
  3. Jarvis v. . SchaeferNew York Court of Appeals · 1887
  4. Bain v. . BrownNew York Court of Appeals · 1874
  5. Reed v. WarnerNew York Court of Chancery · 1836

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