McQuillen v. Carpenter
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James S. McQuillen, from a; judgment of the Municipal Court of the city of New York, borough of Brooklyn, entered on the 17th day of February, 1902, upon the decision of the court, dismissing the complaint upon the merits.
1Opinion of the Court
Hirsohberg, 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 requirement…
2Cases cited5 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Mooney v. . ElderNew York Court of Appeals · 1874
- Barnard v. MonnotNew York Court of Appeals · 1866
- Condit v. . CowdreyNew York Court of Appeals · 1890
- Brady v. FosterAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by2 opinions
- Tanenbaum v. BoehmAppellate Division of the Supreme Court of the State of New York · 1908
- Martin v. WermannAppellate Division of the Supreme Court of the State of New York · 1905