Brass v. Worth

By the Court, Brows, J.

The referee found as a conclusion of law, in this action, that the relations of the defendants to the plaintiff were not those of mere agents or brokers, but they were contractors, owing duties and obligations to him which they were bound to perform and fulfill. Brokers they certainly were, for that was their business and occupation, and agents in some sense, because under certain conditions and limitations they were to act for and execute the will of the plaintiff. But in addition to all this, under the contract referred to in the pleadings and proofs they had incurred…