Post v. Thomas

Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered July 31, 1914,- affirming a judgment in favor of defendants entered upon the report of a referee in an an action to recover for an alleged breach by the defendants of a contract whereby they undertook and assumed to sell and transfer to the plaintiffs, partners in the the brokerage business under the firm name of Post & Co., the business theretofore conducted as a brokerage, in the city of New York, under the firm name of Thomas & Thomas, together with the good will of that business, for the sum of $24,000 in cash paid them by the plaintiffs and the assumption by the plaintiffs of the accounts to be transferred with said business, and - with á warranty by the defendants that such business should be worth in commissions to the plaintiffs at least $24,000 per year. The defendants answered separately, admitting the contract in some particulars and denying in others, and alleging that the contract was comprised in a written instrument annexed to their answers, and denying any breach or damage. The defendant Orlando F. Thomas also set up, in his own behalf, an allegation of settlement and discharge of all his liability.