Hay v. Platt
New York Supreme Court
Appeal from circuit court, New York county. Action by James R. Hay against Thomas C. Platt, as president of the United States Express Company, to recover a broker’s commission on the sale of certain property belonging to defendant. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBarrett, J.
This action is for the recovery of a broker’s commission upon the sale of certain real estate belonging to defendant. The main question is whether the plaintiff was the procuring cause of the sale. *363It appears from the plaintiff’s testimony that he had nothing to do with the immediate negotiations which resulted in the sale, and, in truth, knew nothing of the final transaction until it was completed. He bases his claim upon the fact that some two years prior to the sale he called the purchaser’s attention to the property, and informed such purchaser that it could be bought for the sum which…
2Cases cited2 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
3Cited by9 opinions
- Lord v. United States Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Sampson v. OttingerAppellate Division of the Supreme Court of the State of New York · 1904
- Farmer v. HolmesNorth Dakota Supreme Court · 1916
- Meyer v. Improved Property Holding Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Markus v. KenneallyAppellate Terms of the Supreme Court of New York · 1897
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