Ropes

Ropes v. John Rosenfeld's Sons

Good Law
145 Cal. 671·1905 Cal. LEXIS 606·79 P. 354
Supreme Court of CaliforniaJanuary 4, 1905S.F. No. 2947.California3,095 words

Opinion

Lead Opinion

Chipman, J.

Action for commission alleged to he due plaintiff from defendant corporation on account of the sale by plaintiff of defendant’s steamer, the Peter Jebsen.

It is alleged in the complaint that plaintiff was at all times mentioned therein, and still is, doing business in the city of New York under the firm name of I. F. Chapman & Co., and that “R. J. Chapman of San Francisco, doing business under the firm name and style of J. F. Chapman & Co., was the agent of said plaintiff.” It is alleged that on the date above named R. J. Chapman as such agent entered into an agreement with defendant “whereby defendant promised and agreed to pay to said plaintiff a brokerage of five per cent upon $215,000, provided the said plaintiff would secure the United States navy department as a purchaser of said sum of $215,000 of the Norwegian steamer Peter Jebsen”; that plaintiff secured the said United States navy department as a purchaser of said steamer at said figure, and defendant received the purchase price on May 26, 1898; that defendant thereafter paid plaintiff one half of said commission, but refused to pay the balance thereof. A second cause of action is for this sum, for work and labor…

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