Simonson v. First National Bank

Judgment of the County Court of Nassau county reversed upon the law and the facts, with costs, and complaint dismissed, with costs. The evidence demonstrates that plaintiffs, as brokers, were not the procuring cause of effecting the sale. They are not entitled to recover, “even though, to some extent, the seller might justly be said to have availed himself of the fruits of the broker’s labor.” (Sibbald v. Bethlehem Iron Company, 83 N. Y. 378.) The plaintiffs failed in their duty, as brokers, of bringing the seller and the buyer to terms. (Gallagher v. Dullea, 199 App. Div. 119.) That…