Doty v. Miller
New York Supreme Court
IQ) ICHARD SALTONSTALL, the assignor of the plainjLlb tiff, was employed by the defendant, through an agent, as broker, to negotiate the sale of a mortgage for $5,000, represented to be a “1st mortgage.” It was agreed that he was to receive $200, and the interest on the mortgage from 1st May to 11th June, this sum to cover his brokerage and all the expenses of searching the title, &c. The arrangement was afterwards fully ratified by the defendant himself.
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IQ) ICHARD SALTONSTALL, the assignor of the plainjLlb tiff, was employed by the defendant, through an agent, as broker, to negotiate the sale of a mortgage for $5,000, represented to be a “1st mortgage.” It was agreed that he was to receive $200, and the interest on the mortgage from 1st May to 11th June, this sum to cover his brokerage and all the expenses of searching the title, &c. The arrangement was afterwards fully ratified by the defendant himself. Saltonstall did negotiate a sale of the mortgage early in J une to a Mr. Hitchcock, who was to pay the face of it, and search the title…
1Opinion of the Court
By the Court,
Sutherland, J.
It would seem to follow from the decision of this court, in Glentworth v. Luther, (21 Barb. 145,) and of the common pleas in Holly v. Gos *530ling, (3 E. D. Smith, 262,) that the offer to prove that Hitchcock did not complete the purchase, in consequence of there being prior incumbrances, and of a defect in the title, was improperly overruled. These cases are to the effect that a broker or agent who undertakes to sell property for another for a certain commission, if he finds a purchaser willing to purchase at the price, has earned and can recover his commission, though…
2Cases cited1 opinion
- Glentworth v. LutherNew York Supreme Court · 1855
3Cited by23 opinions
- Buckingham v. HarrisSupreme Court of Colorado · 1887
- Birmingham Land & Loan Co. v. ThompsonSupreme Court of Alabama · 1888
- Hamlin v. SchulteSupreme Court of Minnesota · 1886
- Monroe v. SnowIllinois Supreme Court · 1890
- Peet v. SherwoodSupreme Court of Minnesota · 1890
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