Legal Opinion

Myerberg v. Webster

Appellate Division of the Supreme Court of the State of New York

Decided March 23, 1945PublishedCited by 3 opinions

1Per curiam

Although ordinarily a “ finder ”, not vested with discretion in negotiating the terms of a contract, may accept compensation from each party (Knauss v. K. B. Co., 142 N. Y. 70; Gracie v. Stevens, 56 App. Div. 203), we think the reason for that exception from the general rule of agency does not apply where the conditions under which the parties meet are known to influence the course of the negotiations. The plaintiff testified that Walt Disney Productions agreed to assume one half of the plaintiff’s compensation in order to be placed in a superior position in negotiating the transaction to the…

2Cases cited2 opinions

  1. Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
  2. Gracie v. StevensAppellate Division of the Supreme Court of the State of New York · 1900

3Cited by3 opinions

  1. Klein v. Twentieth Century-Fox International Corp.New York Supreme Court · 1951
  2. Crowe Insurance Agency Inc. v. Insurers Nat'l. Search Organization Inc., Pennsylvania Court of Common Pleas, Lancaster County1984
  3. Nowikas v. CohenAppellate Division of the Supreme Court of the State of New York · 1949

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