Polizzi v. Voccoli

Appellate Terms of the Supreme Court of New York

Polizzi v. Voccoli

94 N.Y.S. 1160

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 27, 1905

StatusPublished

This text of 94 N.Y.S. 1160 (Polizzi v. Voccoli) 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

Polizzi v. Voccoli, 94 N.Y.S. 1160 (N.Y. Ct. App. 1905).

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Opinion

SCOTT, P. J.

The plaintiffs’ sole authority was to sell the property for $49;000, and was strictly limited to the period of 30 days from September 19, 1904. He did not make the sale within the time or at the price. It is true that he negotiated with the man who afterwards did buy at a less price; but there is evidence that, even before plaintiff’s employment, the owner had begun negotiations with the same purchaser. In my opinion the judgment should be affirmed, with costs. Judgment affirmed, with costs.

MacLEAN, J., concurs. DUGRO, J., dissents.

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SCOTT, P. J.

The plaintiffs’ sole authority was to sell the property for $49;000, and was strictly limited to the period of 30 days from September 19, 1904. He did not make the sale within the time or at the price. It is true that he negotiated with the man who afterwards did buy at a less price; but there is evidence that, even before plaintiff’s employment, the owner had begun negotiations with the same purchaser. In my opinion the judgment should be affirmed, with costs. Judgment affirmed, with costs.

MacLEAN, J., concurs. DUGRO, J., dissents.

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Bluebook (online)

94 N.Y.S. 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/polizzi-v-voccoli-nyappterm-1905.