SMITH BROS. PLUMBING CO. v. ENGINE AIR SERV., INC.


307 N.Y. 903 (1954)

Smith Bros. Plumbing Co., Plaintiff, v. Engine Air Service, Inc., Respondent; Monroe Miller, Appellant, et al., Defendants.

Court of Appeals of the State of New York.

Decided December 2, 1954


Attorney(s) appearing for the Case

Leon Engelsberg for appellant.

Emerson A. Swartz and James G. Moore for respondent.

LEWIS, Ch. J., CONWAY, DESMOND, DYE, FULD, FROESSEL and VAN VOORHIS, JJ., concur.


Per Curiam.

Two issues are presented on this appeal: first, whether the County Court had jurisdiction to award appellant a money judgment against respondent, and, second, whether appellant fully performed the terms of the contract under which he was hired to procure a mortgage loan commitment for respondent.

As to the first issue: Appellant was a necessary party to the action instituted by plaintiff Smith Bros...

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