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Amies v. Wesnofske

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1930
230 App. Div. 761 (N.Y. App. Div. 1930)

Opinion

July, 1930.


Judgment reversed upon the law, with costs, and judgment directed in favor of the plaintiffs for $2,500, with interest from December 9, 1925, and costs. The agreement between the parties that one-half of plaintiffs' commission was payable on the closing of title referred to the time when the commission which had been earned by the plaintiffs should be paid. ( Levy v. Forster, 224 App. Div. 463, 465; Morgan v. Calvert, 126 id. 327; Coughlan Co., Inc., v. Frankel, 216 id. 565; North Sea Development, Inc., v. Burnett, 228 id. 444.) In view of this decision the appeal from the order denying motion for a new trial is dismissed. Rich, Young, Scudder and Tompkins, JJ., concur; Lazansky, P.J., concurs in result.


Summaries of

Amies v. Wesnofske

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1930
230 App. Div. 761 (N.Y. App. Div. 1930)
Case details for

Amies v. Wesnofske

Case Details

Full title:WILBUR F. AMIES and J. EMMA HINES, as Executrix, etc., of STEPHEN J…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jul 1, 1930

Citations

230 App. Div. 761 (N.Y. App. Div. 1930)