Legal Opinion

McQuillen v. Carpenter

Appellate Division of the Supreme Court of the State of New York

Decided May 29, 1902Published

Appeal from municipal court of New York. Action by James S. McQuillen against Aleda F. Carpenter. From a judgment in favor of defendant, plaintiff appeals.

1Opinion of the Court

HIRSCHBERG, J..The plaintiff claims commissions on the sale-of real estate belonging to the defendant. The negotiations for the sale were made on behalf of the defendant by her husband, acting" as her authorized agent. There is no dispute about the main facts,, viz., that the. plaintiff was duly employed; that he found a customer (a Mr. Mathews) who was able and willing to buy and to pay for the property, in cash, the price ($11,750) which the defendant demanded), and that the parties met at the plaintiff’s office for the purpose of executing a contract, but failed to do so because of a…

2Cases cited6 opinions

  1. Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
  2. Mooney v. . ElderNew York Court of Appeals · 1874
  3. Condict v. . CowdreyNew York Court of Appeals · 1893
  4. The People v. . PhillipsNew York Court of Appeals · 1870
  5. Condit v. . CowdreyNew York Court of Appeals · 1890

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