Dean v. Wellington
This text of 125 A.D. 928 (Dean v. Wellington) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
125 A.D. 928, 110 N.Y.S. 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-wellington-nyappdiv-1908.