Appellate Division of the Supreme Court of the State of New York February 15, 1904, No. 2 (Fox v. Mahony)

Patterson, J. :

It appeared by the allegations of the complaint and by the proofs in this action that Patrick Fox and the defendant John J. Mahony made an agreement in December, 1892, whereby Mahony was to acquire and take title to certain real estate in Ninety-seventh street in the city of New York, and that on a resale of such premises Fox should be entitled to receive out of the proceeds of