Fraser v. . Wyckoff
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover the sum of $1,500 alleged to have been earned as commissions agreed upon between the parties in effecting a sale of certain patent interests owned by defendant.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, affirming a judgment in favor of defendant entered upon the report of a referee. This action was brought to recover the sum of $1,500 alleged to have been earned as commissions agreed upon between the parties in effecting a sale of certain patent interests owned by defendant. The referee found the following facts, in substance: That plaintiff was a patent solicitor and expert; that in September, 1857, the defendant being the owner of a patent boring machine entered into a contract with plaintiff to…
1Opinion of the CourtAllen, J.
A broker for the sale of real estate is entitled to his commissions when, in the language of the cases, he “ is the procuring cause of the sale; ” that is, when he has found a purchaser and brought him to his employer and a contract is made between them for the sale of the property, or the purchaser is ready to purchase and the seller refuses or is unable to consummate the sale. (Knapp v. Wallace, 41 N. Y., 477; Martin v. Silliman, 53 id., 615; Lloyd v. Mat thews, 51 id., 124.) He is not, however, entitled to commissions until he has performed the undertaking assumed by him. Whatever may be…
2Cases cited2 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Knapp v. . WallaceNew York Court of Appeals · 1869
3Cited by18 opinions
- Parker v. National Mutual Building & Loan Ass'nWest Virginia Supreme Court · 1904
- Booth v. MoodyOregon Supreme Court · 1896
- McCreery v. GreenMichigan Supreme Court · 1878
- Cheatham v. YarbroughTennessee Supreme Court · 1891
- Lockwood v. HalseySupreme Court of Kansas · 1889
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