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Dean v. Wellington

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1908
125 App. Div. 928 (N.Y. App. Div. 1908)

Opinion

April, 1908.


There being no element of fraud in the case, the second contract, made by the defendant and the charterer, cannot be regarded as the exercise by the charterer of the option to renew. The plaintiff procured the first contract and could only recover commission beyond the first month in case of the exercise by the charterer of the option to renew pursuant to the contract. The parties themselves negotiated the second contract, and the plaintiff was not the procuring cause. Judgment of the Municipal Court modified by reducing the recovery to the sum of twenty dollars, and as modified affirmed, without costs to either party. Woodward, Jenks, Hooker, Gaynor and Miller, JJ., concurred.


Summaries of

Dean v. Wellington

Appellate Division of the Supreme Court of New York, Second Department
Apr 1, 1908
125 App. Div. 928 (N.Y. App. Div. 1908)
Case details for

Dean v. Wellington

Case Details

Full title:Frank Dean, Respondent, v. Arthur J. Wellington, Appellant

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

Date published: Apr 1, 1908

Citations

125 App. Div. 928 (N.Y. App. Div. 1908)