Burgens v. Orr

Headnote

Equity — principal and agent — contract —• accounting — injunction — action to set aside an agency and other contracts, for an accounting, to recover the' value of dirt and stone removed from real property and to enjoin defendants from acting under said contracts.

Bergens v. Orr, 214 App. Div. 811 , affirmed.

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department,

entered July 9, 1925, modifying and affirming as modified a judgment in favor of the plaintiffs entered upon a decision of the court on trial at an Equity Term. The action was to annul and cancel of record in Erie county clerk’s office a certain agency contract made by respondents and appellant Herbert E. Orr, dated August 1, 1923, and also fifty-eight alleged contracts made by said Orr with the other appellants except the Buffalo Realty Associates, Inc., after he had been discharged by the plaintiffs for alleged repeated breaches of said contract; for an accounting by said Orr and said Buffalo Realty Associates, Inc., and the return of a certain deed, searches and surveys; to obtain a judgment against said Orr for dirt and stone alleged to have been taken from the property of the plaintiffs without the consent of and for which he did not pay the plaintiffs, and to obtain an injunction against each of the defendants, enjoining them from acting or attempting to act under and by virtue of said agency contract and said contracts made by Orr as the alleged authorized agent of the plaintiffs, and exercising or attempting to exercise any right to or control over the property mentioned in said agency contract.