Seguine v. Spaeth
New York Court of Common Pleas
Appeal from Eleventh district court. Action by Anna S. Seguine against George Spaeth on a contract between plaintiff’s assignor and defendant providing for the payment of certain commissions, provided that such arrangements were made as would allow work to proceed on the construction of plaintiff’s building, which had been suspended for want of funds, and in consequence of liens, judgments, etc., on the building.
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Appeal from Eleventh district court. Action by Anna S. Seguine against George Spaeth on a contract between plaintiff’s assignor and defendant providing for the payment of certain commissions, provided that such arrangements were made as would allow work to proceed on the construction of plaintiff’s building, which had been suspended for want of funds, and in consequence of liens, judgments, etc., on the building. From a judgment for defendant, rendered by the justice without a jury, plaintiff appeals. Reversed.
1Per curiam
The plaintiff sued to recover for certain commissions or payments claimed to have been earned by her assignor, John L. Douglas. The first cause of action was for 5 per cent, on $625; the second cause of action was for 5 per cent, on $400; and the third cause of action for 5 per cent, on $650.
With respect to the second and third causes of action there appears to have been a conflict of fact, upon which we will not pass; but with regard to the first cause of action there was no such dispute. The agreement of the defendant to pay the plaintiff’s assignor was embodied in a written contract,…
2Cases cited1 opinion
- Curtis v. SoltauNew York Court of Common Pleas · 1891
3Cited by2 opinions
- Mulford v. Torrey Exploration Co.Supreme Court of Colorado · 1909
- Natelsohn v. ReichAppellate Terms of the Supreme Court of New York · 1906