Whewell v. McLernon Realty & Construction Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal-Court, Borough of the Bronx, Second District. Action by Walter Whewell against the McLernon Realty & Construction Company. Erom a judgment for plaintiff, and an order denying a new trial, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff has recovered a judgment for services rendered as a broker in effecting an exchange of real property. There is no dispute that plaintiff was employed by the defendant to negotiate an" exchange of its property for certain property of one Bancroft, and there is no dispute that an exchange of these properties was finally consummated; but the plaintiff has failed to show that he was the producing cause.
The plaintiff testified that he and his agent called the defendant’s attention to the possibility of arranging an exchange of property with Bancroft, and-that the defendant’s…
2Cited by3 opinions
- Barnes v. BeakleyCourt of Appeals of Texas · 1919
- Barnes v. BeakleyCourt of Appeals of Texas · 1919
- Farber v. CohnAppellate Terms of the Supreme Court of New York · 1911