Stern v. Gepo Realty Corp.
New York Court of Appeals
1DissentLewis, J.
By the decision about to be made the respondent is to be paid real estate commissions as to which its agreement was “ We the undersigned licensed brokers, do hereby agree to accept jointly the sum of Twelve hundred fifty ($1250.00) dollars as and for our commissions in connection with the sale, when and if consummated, * * (Emphasis supplied.) It is thus made clear that the writing upon which rests the respondent’s right to commissions is an agreement burdened with a condition. As I view the present record, the fact that the condition was never fulfilled defeats the respondent’s right to…
2Cases cited3 opinions
- Amies v. WesnofskeNew York Court of Appeals · 1931
- Gepo Realty Corporation v. PierceNew York Court of Appeals · 1941
- Gepo Realty Corp. v. PierceAppellate Division of the Supreme Court of the State of New York · 1940