Smith v. . Goldsborough

•Cardozo, J.

In June, 1914, plaintiffs with one Jewell, to whose rights they have succeeded by assignment, were employed by Richmond Levering and by Richmond Levering'& Co., Incorporated, to sell oil lands in Mexico. The commission was to be five per cent of the purchase price. Plaintiffs and Jewell enlisted the aid of the defendant, and assigned to him three-fourths of the agreed commission, retaining one-fourth only for themselves. During the summer of 1914 various projects of sale were initiated and abandoned. Toward the end of September, howéver, there was developed, as the result of the…