Mutchnick v. Davis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Asher Davis, from, a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the cleric of the county of Hew York on the 8th day of June, 1908,-upon the verdict of a jury, and also from an order entered in said clerk’s office on the 25th day of-May, 1908, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The action is by real estate brokers to recover commissions. The complaint alleges that plaintiffs were employed by the defendant to effect an exchange of real property owned by him for real property owned by one Goldberg, who was “ ready, willing and able” to make such exchange upon certain agreed valuations. Ho written contract of exchange was entered into, but plaintiffs insist they earned their commissions because Goldberg was able and willing to make the exchange upon defendant’s terms, and that defendant capriciously refused to consummate the trade. One of the plaintiffs…
2Cases cited7 opinions
- Burwell v. . JacksonNew York Court of Appeals · 1854
- Kalley v. . BakerNew York Court of Appeals · 1892
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Woolley v. LoewensteinNew York Supreme Court · 1894
- Scudder v. WattAppellate Division of the Supreme Court of the State of New York · 1904
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Sherwood v. RosensteinSupreme Court of Minnesota · 1929
- Hutchings v. BinfordCourt of Appeals of Texas · 1918
- Bunnell v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1916
- Backer v. RatkowskyAppellate Division of the Supreme Court of the State of New York · 1910
- Schanerman v. Everett and Carbin, Inc.Supreme Court of New Jersey · 1952
5 more not listed; retrieve them via the Exa API.