107 N.Y.S. 897 | N.Y. App. Div. | 1908
The defendant appeals from a judgment in favor' of the plaintiff. The defendant held a contract for the purchase from the Carmen estate of a tract of land near Valley Stream on Long Island. He desired to sell the land and authorized plaintiff to find a purchaser. Plaintiff did find and produce a man named Zamek who agreed to buy the property for the sum of $90,500, of which he was to pay $1,000 in cash on the execution of the contract; $14,385 in cash, which was to be deposited with a title company within four days after the signing of the contract, to be held by that company until it should be ready to approve the title, which was to be on June 18, 1906, or not more than five days thereafter, and then to be paid to defendant, and $29,615- in cash to be paid on the delivery of the deed, the balance of the purchase price to be secured by mortgages. -
A contract embodying these terms was entered into between Zamek and the defendant. Upon the same day plaintiff and defendant entered into a contract which referred to the above-described contract, and recited the fact that plaintiff had performed certain services for the defendant in and about the sale of the premises, and otherwise whereby defendant had become indebted to plaintiff in the sum of $14,000,'which defendant agreed to pay as follows: $7,385 in cash out of the $14,385 to be deposited with the title company and thereafter paid to the defendant, and the remaining sum of $6,615 “ out of ” the sum of $29,915 to be paid to defendant on the closing of the title. It is for ■ this second installment that the plaintiff now sues. The first objection to the judgment
The judgment and order should be reversed and a new trial granted, with costs to appellant to abide the event.
Patterson, P. J., McLaughlin, Houghton and Lambert, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellant to abide event.