Roosevelt v. Nusbaum
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Simon I. Nusbaum, from a judgment of the Supreme Court in favor of the plaintiff’s, entered in the office of the clerk of the county of Albany on the 23d day of November, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of November, 1901, setting aside the verdict of a jury in favor of the defendant and directing judgment for the plaintiffs for the full amount demanded in their complaint and…
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Appeal by the defendant, Simon I. Nusbaum, from a judgment of the Supreme Court in favor of the plaintiff’s, entered in the office of the clerk of the county of Albany on the 23d day of November, 1901, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 23d day of November, 1901, setting aside the verdict of a jury in favor of the defendant and directing judgment for the plaintiffs for the full amount demanded in their complaint and granting an extra allowance of costs, which order also denied the defendant’s motion for a new trial made upon the minutes.…
1Opinion of the CourtSmith, J.
The argument in this case has been made upon what seems to me an entire misconception of the legal relations of these parties. Counsel have assumed that the relationship of principal and agent existed and the action was to be determined by the application of rules of law applicable to that relationship. I am unable in this case to discover any agency whatever. Here is a simple contract of purchase and sale. It is true that there is a covenant under certain conditions to give to the defendant the “ sole agency.” The meaning of this covenant, however, is plain. The plaintiffs were thereby bound…
2Cases cited3 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Marie v. . GarrisonNew York Court of Appeals · 1880
- L'Amoreux v. . GouldNew York Court of Appeals · 1852
3Cited by3 opinions
- Blyth v. J. M. Quinby & Co.Appellate Division of the Supreme Court of the State of New York · 1912
- Jones v. New York Central & Hudson River RailroadNew York Supreme Court · 1908
- Standard Distilling & Distributing Co. v. Block & SonsOhio Superior Court, Cincinnati · 1907