Legal Opinion
Warner v. Gaston, Williams & Wigmore of Canada, Ltd.
Court of Appeals for the Second Circuit
Decided November 13, 1919No. 8PublishedCited by 2 opinions
In Error to the District Court of the United States for the Southern District of New York. Action at law by Phillip A. Warner against Gaston, Williams & Wig-more of Canada, Limited. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
WARD, Circuit Judge.
The plaintiff brought this action at law to recover of the defendants commissions as broker for having sold the British steamer Eskasoni for the sum of $475,000. The employment was evidenced by the following letter, supplemented by testimony that the plaintiff’s commission was to be 2% per cent.:
“December 11, 1916.
“Mr. P. A. Warner, 30 Church Street, New York City — Dear Sir: Referring to our conversation this afternoon, I beg to advise that you are authorized to offer the steamer Eskasoni for sale for four hundred and seventy-five thousand dollars ($475,000.00). Details…
2Cases cited4 opinions
- Kalley v. . BakerNew York Court of Appeals · 1892
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Bunnell v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1916
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by2 opinions
- Gaston, Williams & Wigmore of Canada, Ltd. v. WarnerCourt of Appeals for the Second Circuit · 1921
- Keeveny v. McCormackCourt of Appeals for the Second Circuit · 1920