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Horn v. Heath

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1927
219 App. Div. 862 (N.Y. App. Div. 1927)

Opinion

March, 1927.

Present — Hubbs, P.J., Clark, Crouch, Taylor and Sawyer, JJ.


Judgment and order reversed on the law and facts, with costs, and judgment directed in favor of the defendant, dismissing the complaint, with costs, on the ground that the evidence fails to show a purchase of the premises. Under the contract. Exhibit 3, no title, legal or equitable, vested in Woodson and no obligation to purchase was thereby imposed on him. Since the action is concerned solely with commissions on an alleged purchase price, it is premature. It is not now necessary to decide whether an action may be maintained on a quantum meruit for services rendered in procuring a lessee of the premises. All concur.


Summaries of

Horn v. Heath

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 1, 1927
219 App. Div. 862 (N.Y. App. Div. 1927)
Case details for

Horn v. Heath

Case Details

Full title:CLAUD W. HORN, Respondent, v. BURT L. HEATH, Appellant

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

Date published: Mar 1, 1927

Citations

219 App. Div. 862 (N.Y. App. Div. 1927)