29 N.Y. St. Rep. 671 | New York City Court | 1890
The largest part of appellant’s argument was devoted to the contention that the verdict was against the weight of evidence. This is disposed of by the mere suggestion that the appeal-book contains no order refusing to set the verdict aside on that ground, and no notice of appeal from any such order; but, assuming that question to be before us regularly, the testimony satisfies us that the verdict should not be disturbed on that ground. The motion for nonsuit was properly denied. The plaintiff was employed to secure a purchaser for defendant’s premises. He procured Kennerly and Young; for the deed, mortgages, bonds, agreement of February 25,1888, and the alleged escrow contract dated February 25, 1888, clearly and fully established an executory contract between the parties for the sale of the lots for $80,000, to be secured by mortgage thereon, and with a building loan of $22,-000 on mortgage thereon, title to pass 10 days afterthe purchasers shall have dil