Carpenter v. Atlas Improvement Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by. the defendant, the Atlas Improvement Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of .the county of Westchester on' the 31st day of July, 1907, upon the report of a referee.
1Opinion of the Court
Per Curiam :
The plaintiffs were employed to sell the' real estate owned by the defendant at' White Plains for • $70,000 at the usual' commissions. Ro modification was made of the contract of employment, nor was there any evidence from which this co,urt. could find that the com' tract was changed by implication. The plaintiffs were to sell the entire parcel, but were able to find purchasers for only two portions of the whole; after the lapse of a reasonable time, the defendant, independently of the plaintiffs, sold the • two portion's to the 'purchasers the plaintiffs had found; the balance…
2Cited by5 opinions
- Cone v. KeilCalifornia Court of Appeal · 1912
- Bentley v. EdwardsSupreme Court of Minnesota · 1914
- Blauner v. KatzAppellate Division of the Supreme Court of the State of New York · 1968
- Carpenter v. Atlas Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Barnard v. HardyUtah Supreme Court · 1930