Glentworth v. Luther
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff to recover his commission as a broker, for negotiating the sale of a house and lot in the city of New York, at the defendant’s request; being one per cent upon $19,000, and interest. The answer denied the allegations in the complaint.
Read the full summary
APPEAL from a judgment entered upon the report of a referee. The action was brought by the plaintiff to recover his commission as a broker, for negotiating the sale of a house and lot in the city of New York, at the defendant’s request; being one per cent upon $19,000, and interest. The answer denied the allegations in the complaint. The cause was refered to a referee, who found the following facts: That the plaintiff, being a broker in real estate in the city of New York, in the month of August, 1854, was employed by the defendant to sell for him a house owned by him, No. 40 West 17th…
1Opinion of the Court
By the Court, Cowles, J.
There can be no doubt as to the extent of the duties to be performed by one who, as broker, is employed to sell real estate. In the nature of things he can do nothing more than find a party who will be acceptable to the owner and enter into a contract of purchase with him; unless the owner makes him more than a broker merely, by giving him a power of attorney to convey the property, and then the employee would cease to be merely broker, and become the attorney. *147If stich is the extent of the broker’s duties, then the testimony of the two Bleeckers, in stating the time…
2Cited by49 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wilson v. MasonIllinois Supreme Court · 1895
- Moses v. . BierlingNew York Court of Appeals · 1865
- Keys v. JohnsonSupreme Court of Pennsylvania · 1871
- Carstens v. McReavyWashington Supreme Court · 1890
44 more not listed; retrieve them via the Exa API.