Jackson v. Till

Appellate Terms of the Supreme Court of New York

Jackson v. Till

103 N.Y.S. 110

CourtAppellate Terms of the Supreme Court of New York

DecidedMarch 14, 1907

StatusPublished

This text of 103 N.Y.S. 110 (Jackson v. Till) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Jackson v. Till, 103 N.Y.S. 110 (N.Y. Ct. App. 1907).

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Opinion

HENDRICK, J.

The written contract of sale contains the following provision:

“The vendor agrees that H. A. Jackson is the broker who has brought about this sale, and agrees to pay said broker his commissions therefor.”

Notwithstanding this provision in the written contract, oral testimony was adduced on behalf of the defendant, to rebut which plaintiff also adduced oral testimony. No objection was made by the plaintiff to thus varying and rebutting the written contract. I have read the entire record, and no objection or exception appears therein. A disputed state of facts arose upon all the evidence, and the trial justice resolved the controverted facts in favor of the defendant.

The judgment appealed from is affirmed, with costs. All concur.

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HENDRICK, J.

The written contract of sale contains the following provision:

“The vendor agrees that H. A. Jackson is the broker who has brought about this sale, and agrees to pay said broker his commissions therefor.”

Notwithstanding this provision in the written contract, oral testimony was adduced on behalf of the defendant, to rebut which plaintiff also adduced oral testimony. No objection was made by the plaintiff to thus varying and rebutting the written contract. I have read the entire record, and no objection or exception appears therein. A disputed state of facts arose upon all the evidence, and the trial justice resolved the controverted facts in favor of the defendant.

The judgment appealed from is affirmed, with costs. All concur.

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Bluebook (online)

103 N.Y.S. 110, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jackson-v-till-nyappterm-1907.