City of New York Municipal Court, 1896

Ransom v. Wheelwright

Ransom v. Wheelwright
City of New York Municipal Court · Decided March 15, 1896 · Fitzsimons
16 Misc. 682; 37 N.Y.S. 1022; 73 N.Y. St. Rep. 514

Counsel

Wilson &. Wallis,, for appellants.

Ransom v. Wheelwright

Opinion of the Court

Fitzsimons, J.

The jury evidently believed. that the contract which expired April 28, 1891, was renewed in accordance with the terms expressed in ; defendant’s .letter to plaintiff dated April 11, 1891, except that it'expired' only after sixty-days’notice to terminate the same had' been given by- either plaintiff- or defendants. They also believed that he was the person who procured the Drabble Bros, to purchase goods' from the defendants' .to the extent of $60,000, which entitled him to the verdict .rendered. • •.

There is ample testimony.to sustain these beliefs of the jury, and besides we think the record shows that the plaintiff was.equitably entitled to the commission on -. the sales made by def endant to said' firm of ¡Drabble Brothers, because they never were customers of defendant’s firm until after their, orders were solicited by . the plaintiff. We find no error in the printed record and the judgment is affirmed, with costs.

O’Dwyeb and Conlan, JJ.y concur.

' Judgment, affirmed, ■ with costs.

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