Train v. J. Clarence Davies, Inc.

Appellate Division of the Supreme Court of New York

Train v. J. Clarence Davies, Inc.

238 A.D. 119, 263 N.Y.S. 402, 1933 N.Y. App. Div. LEXIS 9433

CourtAppellate Division of the Supreme Court of the State of New York

DecidedApril 7, 1933

StatusPublished

This text of 238 A.D. 119 (Train v. J. Clarence Davies, Inc.) 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.

Bluebook

Train v. J. Clarence Davies, Inc., 238 A.D. 119, 263 N.Y.S. 402, 1933 N.Y. App. Div. LEXIS 9433 (N.Y. Ct. App. 1933).

Pincite

Opinion

Per Curiam.

It was known to all the parties that the actual rental in this case was to be $2,310,000 and that the repayment of money loaned for the construction of the building on the leased premises was to be made by the payment of installments thereof with the rent.

The plaintiff was, therefore, entitled to a commission based on the actual rental of $2,310,000 and not the sum of $2,910,000. (See defendant’s Exhibit “ A.”) The latter amount represented both the rent and the money loaned, plus the interest thereon.

The judgment should be modified by reducing the verdict from $9,315, with interest, to the sum of $5,715, with interest, and as modified affirmed, with costs to the appellant.

Present — Finch, P. J., McAvoy, Martin, O’Malley and Townley, JJ.

Judgment modified by reducing the judgment as entered to the sum of $6,802.27, and as so modified affirmed, with costs to the appellant.

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