Fuller v. Bradley Contracting Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bradley Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 2d day of February, 1917, upon the verdict of a jury rendered by direction of the court, both sides having stipulated, during the course of the trial, that the jury might be discharged and the trial proceed before the court as if a jury were present and the court be empowered to direct a…
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Appeal by the defendant, Bradley Contracting Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Nassau on the 2d day of February, 1917, upon the verdict of a jury rendered by direction of the court, both sides having stipulated, during the course of the trial, that the jury might be discharged and the trial proceed before the court as if a jury were present and the court be empowered to direct a verdict with the same force and effect as if a jury were present. An appeal is also taken from the order entered in said…
1Opinion of the Court
Kelly, J.:
The record in this case is voluminous, and the amounts involved are very large, but the legal principles involved are comparatively simple. The plaintiff seeks to recover commissions as a broker under employment by the defendant; he alleges that he has performed his part of the contract and demands payment. Naturally the questions involved are, What was the plaintiff’s contract? Was it performed and is he entitled to payment? The case comes to this court without findings of fact or conclusions of law by the learned trial judge. Originally, a jury was impaneled and the trial was…
2Cases cited8 opinions
- Ormes v. . DauchyNew York Court of Appeals · 1880
- Bonnette v. . MolloyNew York Court of Appeals · 1913
- May v. Hettrick Bros.Appellate Division of the Supreme Court of the State of New York · 1917
- People v. BennettAppellate Division of the Supreme Court of the State of New York · 1918
- Electric Boat Co. v. HoweyAppellate Division of the Supreme Court of the State of New York · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Hamrick v. Cooper River Lumber Co.Supreme Court of South Carolina · 1953
- Operators' Oil Co. v. BarbreCourt of Appeals for the Tenth Circuit · 1933
- R. J. Caldwell Co. v. Connecticut Mills Co.Appellate Division of the Supreme Court of the State of New York · 1929
- Missouri-Indiana Investment Group v. ShawCourt of Appeals for the Eighth Circuit · 1983
9 more not listed; retrieve them via the Exa API.