Simonson v. Kissick
New York Court of Common Pleas
Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment entered on the verdict of a jury at trial term, .upon the direction of a judge. The action was brought by the plaintiff to recover commissions as a broker on effecting a sale of land for defendant.
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Appeal by defendant from a judgment of the general term of the Marine Court, affirming a judgment entered on the verdict of a jury at trial term, .upon the direction of a judge. The action was brought by the plaintiff to recover commissions as a broker on effecting a sale of land for defendant. The following facts appeared on the trial: The defendant employed the plaintiff, a broker, to procure a purchaser for the defendant’s house, at a specified price; and the plaintiff made many efforts to sell it at the price fixed, but without effect. The defendant then reduced the price to §17,000, and…
1Opinion of the Court
By the Court.*—Daly, Ch. J.
—The commission of the broker is earned when he procures a purchaser for the property at the price named, who is willing and able to take it. The purchaser’s ability is to be assumed, -unless the contrary appear ; and when a contract in writing for the sale'of the property, at the price asked, is signed by the owner and the purchaser, the broker has earned his commission, and his right to it is in no way affected by the subsequent refusal of the purchaser to fulfil the contract (Glentworth v. Luther, 21 Barb. 145).
*146That this is the law is not disputed by the…
2Cases cited4 opinions
- Mactier's Administrators v. FrithCourt for the Trial of Impeachments and Correction of Errors · 1830
- Glentworth v. LutherNew York Supreme Court · 1855
- Blunt v. MelcherMassachusetts Supreme Judicial Court · 1806
- Ackley v. HoskinsNew York Supreme Court · 1817
3Cited by12 opinions
- Ormsby v. GrahamSupreme Court of Iowa · 1904
- Francis v. BakerSupreme Court of Minnesota · 1890
- Benedict v. . PincusNew York Court of Appeals · 1908
- Colburn v. SeymourSupreme Court of Colorado · 1904
- Butler v. BakerSupreme Court of Rhode Island · 1892
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