FLYER v. SULLIVAN


284 A.D. 697 (1954)

Herman Flyer, Appellant, v. William D. Sullivan, Defendant, and Irving Falb et al., Respondents

Appellate Division of the Supreme Court of the State of New York, First Department.

October 26, 1954.


Attorney(s) appearing for the Case

William Sparago for appellant.

Frederick L. Weisler for respondents.

PECK, P. J., DORE, CALLAHAN and BOTEIN, JJ., concur.


COHN, J.

Plaintiff seeks damages for the breach of a contract for the sale of a real estate mortgage made by defendant Sullivan allegedly as agent for defendants-respondents. Defendants-respondents deny the making of the contract and likewise deny the authority of the agent to make any agreement to bind them. The Special Term in granting the order dismissing plaintiff's complaint held that the sale of the mortgage was a conveyance of an interest in real...

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