Legal Opinion

Emerson v. Roof

New York Supreme Court

Decided July 1, 1883PublishedCited by 1 opinion

Trial by the court. This action was by Edward H. Emerson against Clarence M. Boot to recover the amount paid by the plaintiff as part payment of the price and as broker’s commissions, on account of his purchase of real estate from defendant. ' Homer Morgan, a real estate broker, who had been employed by former owners to sell the premises Fos. 34 Broadway, and 69 Few Street in the City of Few York, upon receiving an offer therefor'from plaintiff, sought out the defendant, the…

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Trial by the court. This action was by Edward H. Emerson against Clarence M. Boot to recover the amount paid by the plaintiff as part payment of the price and as broker’s commissions, on account of his purchase of real estate from defendant. ' Homer Morgan, a real estate broker, who had been employed by former owners to sell the premises Fos. 34 Broadway, and 69 Few Street in the City of Few York, upon receiving an offer therefor'from plaintiff, sought out the defendant, the then owner, and conducted negotiations which resulted in the execution of a contract to sell, the purchaser to pay the…

1Opinion of the CourtLarremore, J.

The premises were in Morgan’s *360hands for sale for some years before the defendant acquired any interest therein. It was not until the spring of 1883 that Morgan, upon the application of a purchaser, sought out the defendant and opened a correspondence with him upon the subject. This correspondence, and the interviews between the parties, finally resulted in the execution of the contract upon which this suit is brought. It might be said, in view of the evidence, that Morgan was as much the agent of one party as the other in effecting the sale. He was not expressly employed by the defendant. He…

2Cases cited2 opinions

  1. Myers v. . De MierNew York Court of Appeals · 1873
  2. Myres v. DeMierNew York Court of Common Pleas · 1872

3Cited by1 opinion

  1. McIntyre v. HarringtonNew York Supreme Court · 1904

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