Benedict v. Pincus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Louis Pincus and another, from a judgment of the Supreme Court in favor of the plaintiff, entered in. the office of the clerk of the county of New York on the 27th day of January, 1905, upon the verdict, of a jury rendered by direction of the court, and also from an order entered in said clerk’s office on the 26th day of January, 1905, denying the defendants’ motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover commissions alleged to have been earned by the plaintiff in procuring as a broker for the defendants a tenant as sub-lessee of certain premises in which they had a leasehold interest.
The complaint alleged the employment of the plaintiff and that he found one Smith, who was able, ready and willing to execute and fulfill the provisions of the lease on terms named by the defendants and entered into a preliminary agreement for such lease, of which the following is a copy :
“New York, Sept. 26/1902.
“We agree to execute a lease of premises .40 W.…
2Cases cited3 opinions
- Condict v. . CowdreyNew York Court of Appeals · 1893
- Ward v. ZborowskiAppellate Terms of the Supreme Court of New York · 1900
- Milstein v. DoringAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Benedict v. . PincusNew York Court of Appeals · 1908
- Seidman v. RaunerAppellate Terms of the Supreme Court of New York · 1906
- Warnekros v. BowmanArizona Supreme Court · 1912
- Benedict v. PincusAppellate Division of the Supreme Court of the State of New York · 1909