Legal Opinion

Shipman v. Wilkeson

New York Supreme Court

Decided September 15, 1908PublishedCited by 3 opinions

Action for commissions under a broker’s contract for the sale of real estate by Charles D. Shipman against Ellen A. Wilkeson.

1Opinion of the Court

POUND,. J.

Plaintiff and defendant entered into a contract, dated March 7, 1906, whereby defendant employed plaintiff as her agent for the sale or exchange of her farm, located near Youngstown, in Niagara county. By the terms of this agreement defendant agreed to pay plaintiff 4 per cent, on the purchase price for furnishing a buyer or party to a satisfactory exchange for the farm before March, 1907, at a price of $20,000. The agency was not exclusive, as the contract provided that, if the farm was sold by any other party before said date, then defendant was to pay plaintiff $25 “to help cover…

2Cases cited4 opinions

  1. Colwell v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1896
  2. Sampson v. OttingerAppellate Division of the Supreme Court of the State of New York · 1904
  3. William P. Rae Co. v. KaneAppellate Division of the Supreme Court of the State of New York · 1907
  4. Cords v. RuthAppellate Division of the Supreme Court of the State of New York · 1906

3Cited by3 opinions

  1. In Re Oneida Ltd.United States Bankruptcy Court, S.D. New York · 2009
  2. Julius Tofias & Co. v. John B. Stetson Co.Massachusetts Appeals Court · 1985
  3. Wright & Kimbrough v. DeweesCalifornia Court of Appeal · 1921

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