Carroll v. Tucker
New York Court of Common Pleas
Appeal from city court, general term. Action by David H. Carroll against Charles Tucker and others to recover commissions for the sale of certain land for defendants. From a, judgment of the general term of the city court affirming a judgment entered on a verdict in favor of plaintiff, defendants appeal. Reversed.
1Opinion of the CourtPryor, J.
At the close of plaintiff’s case the defendants moved a-dismissal of the complaint on the grounds that the plaintiff had no authority as broker of the defendants, and was not the procuring cause of the sale; and the motion was renewed upon all the evidence. We are-of the opinion that enough was shown to authorize the inference that the-sale was effected through the instrumentality of the plaintiff, but whether he acted upon the employment of the defendants is a more difficult question. It is a conceded fact that the plaintiff was not retained directly by the defendants, but the contention is…
2Cases cited5 opinions
- Dwight v. . Germania Life Ins. Co.New York Court of Appeals · 1886
- Newton v. . BronsonNew York Court of Appeals · 1856
- Smith v. . TracyNew York Court of Appeals · 1867
- Mayer v. . DeanNew York Court of Appeals · 1889
- Lyon v. JeromeNew York Supreme Court · 1841
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- Skelly Oil Co. v. Pruitt McCrorySupreme Court of Oklahoma · 1923
- Baker v. ThomasNew York Court of Common Pleas · 1895
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