Baumann v. Manhattan Consumers' Brewing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jacob Baumann, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 18th day of December, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 21st day of December, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J. :
The cause of action set forth in the complaint is upon an express contract entered into between plaintiff’s assignor and the defendant, whereby the latter promised and agreed to pay a commission of thirty-five cents per barrel upon all sales of beer made by the defendant, which should be procured through the agency of David Baumann, plaintiff’s assignor. The evidence in 'the case tended to show that Baumann was the procuring cause of the sale of a considerable quantity of beer by the defendant to a customer procured by him and that upon such sale the plaintiff was entitled to…
2Cases cited2 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Shirk v. BrookfieldAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by9 opinions
- Sturtevant v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Grattan v. Societa Per Azzioni Cotonficio CantoniNew York Supreme Court · 1956
- Cook v. SaltzerIdaho Supreme Court · 1953
- Minuth v. BarnwellAppellate Division of the Supreme Court of the State of New York · 1905
- Landow-Luzier Co. v. GreyNew York Supreme Court · 1962
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