Rice v. Neuman
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Hyland P. Rice against Daniel Neuman. From a judgment for plaintiff, and from an order denying a new trial, defendant appealed. Reversed, and new trial ordered.
1Opinion of the CourtGildersleeve, P. J.
Plaintiff brought this action as a broker, to recover for commissions alleged to have been earned by his assign- or in obtaining a tenant for the defendant. The allegations of the complaint are definite and certain in some respects, but obscure in others. It is alleged therein that plaintiff’s assignor was retained to procure a tenant “upon certain terms and conditions,” which are not stated. It is further alleged that the contract was to procure a “tenant,” whose name is not disclosed. The plaintiff’s assignor is a realty company, with which company the plaintiff was connected at the time of…
2Cases cited1 opinion
- Tanenbaum v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908