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Ries v. Stark

92 N.Y.S. 1143 Court N.Y. App. Term Decision date 1905-03-21 English

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p. 1143
RIES et al., Respondents, v. STARK, Appellant.
(Supreme Court, Appellate Term.
March 21, 1905.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, Fourth District. Action by Charles Ries and another against Rudolph Stark. From a Municipal Court judgment in favor of plaintiffs, defendant appeals. Reversed. Henry A. Doellinger, for appellant. Charles Brandt, Jr., for respondents.

The contract relied upon is unilateral, and without consideration or mutuality. In any event, its only purpose was to enable the broker to collect from the seller, and it does not appear that he lost anything by defendant’s failure to notify him. The judgment should be reversed, and a new trial ordered, with costs to appellant to abide the event.