Bunnell v. Chapman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Elverton R. Chapman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of February, 1916, overruling his demurrer to the complaint. The demurrer was made on the grounds of the insufficiency of the complaint, and was brought on for a hearing as a contested motion.
1Opinion of the Court
Laughlin, J.:
The plaintiff sues for commissions earned under an employment to obtain for the defendant a purchaser for 550,000,000 cartridges, and under the terms of the employment as alleged, the amount of his commissions was to be a sum equal to the excess over forty-eight dollars and twenty-five cents per 1,000 at which plaintiff should sell or procure a purchaser for the cartridges. It is alleged that plaintiff procured one McPherson as a purchaser; that he was accepted by the defendant and a formal contract in writing was entered into between him and defendant on the 30th day of July,…
2Cases cited3 opinions
- Kalley v. . BakerNew York Court of Appeals · 1892
- Mutchnick v. DavisAppellate Division of the Supreme Court of the State of New York · 1909
- Norton v. Genesee National Savings & Loan Ass'nAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by6 opinions
- Shapiro v. BenensonAppellate Division of the Supreme Court of the State of New York · 1917
- Bunnell v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1916
- Warner v. Gaston, Williams & Wigmore of Canada, Ltd.Court of Appeals for the Second Circuit · 1919
- Fuller v. Bradley Contracting Co.New York Supreme Court · 1917
- Weber v. AskinAppellate Division of the Supreme Court of the State of New York · 1963
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