Legal Opinion

Moore v. Boehm

Appellate Terms of the Supreme Court of New York

Decided December 15, 1904PublishedCited by 1 opinion

Appeal by the defendant from a judgment of the Municipal Court of the city of Hew York, ninth district, borough of Manhattan, in favor of the plaintiff, entered upon the verdict of a jury. Action for broker’s commissions.

1Opinion of the CourtBischoff, J.

The plaintiff’s employment, as broker to effect a sale of the defendant’s real estate, was admitted, and *623the actual issue was whether that employment had been terminated by notice, but the defendant requested the court to leave to the jury the question whether the plaintiff had procured a purchaser within a reasonable time, which request was refused, and the refusal is urged as ground for a reversal. That the plaintiff did procure a purchaser, at the terms fixed, some six months after the commencement of the employment, and that the defendant refused to sell, are facts which the evidence…

2Cases cited4 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Mooney v. . ElderNew York Court of Appeals · 1874
  3. Atwater v. WilsonNew York Court of Common Pleas · 1895
  4. Van Siclen v. HerbstAppellate Division of the Supreme Court of the State of New York · 1898

3Cited by1 opinion

  1. Erb v. HawksNew Mexico Supreme Court · 1948

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