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Rosenblatt v. Berman

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eBook details

  • Title: Rosenblatt v. Berman
  • Author : Supreme Court of Connecticut
  • Release Date : January 29, 1955
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 58 KB

Description

The plaintiff brought this action alleging that
the defendants, Gertrude Berman and Louis Rundbaken,
acting as real estate agents, had conspired to
cheat and defraud him in the sale of real estate
owned by him. The case was tried to the jury. The
plaintiff had a verdict for $2112.24 which the trial
court, upon the defendants' motion, refused to set
aside. The defendants have appealed, assigning errors
in the denial of their motion and in the court's
charge. With respect to the former, they make the
claim, among others, that the amount of the damages
fixed by the jury was not supported by the evidence.
The resolution of this issue is decisive of the appeal. The plaintiff made the following claims of proof
bearing upon damages. He owned a two-family house
on South Woodbine Street in Hartford which was
subject to a mortgage held by the Hartford-Connecticut
Trust Company. Being in need of money, he told the
defendants that he wanted to sell the house for $6750.
They offered to find a customer, and at Mrs. Berman's
direction the plaintiff went to the office of Apter
and Nahum, attorneys in Hartford, where he executed
in blank the documents necessary to accomplish a sale.
Sometime later, Mrs. Berman told the plaintiff that
she had a customer, and the plaintiff authorized a
sale for $5750. On May 29, 1945, the property was
transferred to Rundbaken and by him to Ray Rushlow.
The plaintiff knew nothing of this transaction. In
January, 1946, he gave a check to Julius Apter, of
Apter and Nahum, upon Apter's request, for payment
[143 Conn. 34]


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