Legal Opinion

Gordon v. Rosenthal

Appellate Terms of the Supreme Court of New York

Decided June 29, 1911Published

Appeal from City Court of New York, Trial Term. Action by Abraham Gordon against Michael Rosenthal and Bessie Rosenthal. From a judgment dismissing the complaint as against defendant Michael Rosenthal, plaintiff appeals.

1Opinion of the CourtBijur, J.

Plaintiff sued for his commission, in obtaining a purchaser ready and willing to purchase property alleged to be owned by both defendants, and for the sale of which both defendants had given plaintiff authority, which property was described to the broker as being 53 feet 6 inches in width and represented to him as one continuous plot.

[ 1 ] The sale failed to go through when defendants insisted on making three separate contracts for each of the three houses involved; it appearing that there was a strip 1 y2 inches in width between two of the houses, which strip was not owned by defendants.…

2Cases cited2 opinions

  1. Hausman v. HerdtfelderAppellate Division of the Supreme Court of the State of New York · 1903
  2. Hess v. Investors & Traders' Realty Co.New York Supreme Court · 1910

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