Davidson v. . Stocky
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1910, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover a real estate broker’s commissions. The facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered April 28, 1910, affirming a judgment in favor of defendants entered upon a dismissal of the complaint by the court at a Trial Term in an action to recover a real estate broker’s commissions. The facts, so far as material, are stated in the opinion. The plaintiff is entitled to recover, having brought about a meeting of the minds of the parties on the terms proposed by the defendants, and nothing having been said to him or to the purchaser about encroachments he cannot be denied his…
1Opinion of the CourtWillard Bartlett, J.
The sole issue presented by the pleadings in this case was the question whether the plaintiff procured for the defendants a purchaser for the real estate mentioned in the complaint who was ready, able and willing to purchase the same upon the terms and at the price fixed by the defendants, to wit, the sum of $320,000.
It was error to nonsuit the plaintiff if the evidence laid before the jury would have warranted them in answering that question in the affirmative.
In - the absence of contradiction, that evidence, if believed, would not only have justified but it required a finding favorable to…
2Cases cited2 opinions
- Tanenbaum v. . BoehmNew York Court of Appeals · 1911
- National Park Bank v. GoddardNew York Court of Appeals · 1892
3Cited by12 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Hecht v. MellerNew York Court of Appeals · 1968
- Bendell v. De DominicisNew York Court of Appeals · 1929
- Wilson v. Ross Investment CompanySupreme Court of Colorado · 1947
- John Reis Co. v. ZimmerliNew York Court of Appeals · 1918
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