Seidman v. Rauner
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiffs from a judgment of the City Court of the city of Mew York, rendered in favor of the defendant, dismissing the complaint.
1Opinion of the Court
I/Evehtbitt, J.
The plaintiffs sue to recover broker’s commissions for effecting the sale of real estate. The trial resulted in a dismissal of the complaint. There was con*11cededly proof of employment. The dismissal rested solely on the ground that the plaintiffs.failed to prove performance — that is, the production by them of a party ready, willing, and able to purchase the defendant’s property. After negotiations which had been conducted by the plaintiffs, the defendant, on December 7, 1905, agreed upon the terms of sale with one Kurzman, accepted him as a purchaser, received 1 the agreed…
2Cases cited3 opinions
- Ward v. ZborowskiAppellate Terms of the Supreme Court of New York · 1900
- Benedict v. PincusAppellate Division of the Supreme Court of the State of New York · 1905
- Friend v. JetterCity of New York Municipal Court · 1896
3Cited by5 opinions
- Harris v. Van VrankenNorth Dakota Supreme Court · 1915
- Brand v. NagleAppellate Division of the Supreme Court of the State of New York · 1907
- Goodman v. HessAppellate Terms of the Supreme Court of New York · 1907
- Frank v. ConnorAppellate Terms of the Supreme Court of New York · 1907
- Wiesenberger v. MayersAppellate Division of the Supreme Court of the State of New York · 1952