Coleman v. Garrigues
New York Supreme Court
This was an action to enforce the specific performance of an agreement for the sale of real estate. The complaint alleged that about the middle of September, 1848, John M. Secor, being the owner of a lot of ground at the corner of Broadway and Thirty-ninth street, in the city of Hew-York, employed one Rowland S. Malloy, a real estate broker, to sell such lot for him, and authorized him, as his agent, to sell the same on said Secof’s account, for the sum of $3000. That under…
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This was an action to enforce the specific performance of an agreement for the sale of real estate. The complaint alleged that about the middle of September, 1848, John M. Secor, being the owner of a lot of ground at the corner of Broadway and Thirty-ninth street, in the city of Hew-York, employed one Rowland S. Malloy, a real estate broker, to sell such lot for him, and authorized him, as his agent, to sell the same on said Secof’s account, for the sum of $3000. That under such autW- • ity Malloy did, on the 29th of September, 1848, sell the said lot to the plaintiff for $3000, and upon such…
1Opinion of the Court
By the Court, Mitchell, J.
The action was by Coleman against Secor, to compel the specific performance of an alleged agreement to sell real estate. Such agreement as was made was made through an agent, R. S. Malloy. The authority of Malloy to make the contract was denied. Judgment was for the defendant, and the plaintiff appeals.
Malloy’s evidence of his authority was, that the defendant said he must have all cash on the delivery of the deed, and that if the witness could get $3000 cash on delivery of the deed, he might close the bargain. Without any authority but this, Malloy signed an…
2Cited by19 opinions
- Carstens v. McReavyWashington Supreme Court · 1890
- Gerding v. . HaskinNew York Court of Appeals · 1894
- Haydock v. . StowNew York Court of Appeals · 1869
- Brandrup v. BrittenNorth Dakota Supreme Court · 1903
- Bush v. . ColeNew York Court of Appeals · 1863
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