Legal Opinion

Allen v. James

New York Court of Common Pleas

Decided February 5, 1877PublishedCited by 8 opinions

Appeal by the defendants from a judgment entered upon the verdict of a j ury and from an order made denying a motion for a new trial. The action was brought to recover commissions for effecting the sale of real estate. The complaint alleged that the defendants employed the plaintiff to obtain for them a purchaser of certain land ; that .the plaintiff procured a purchaser who made a contract with the defendants for the purchase of the land.

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Appeal by the defendants from a judgment entered upon the verdict of a j ury and from an order made denying a motion for a new trial. The action was brought to recover commissions for effecting the sale of real estate. The complaint alleged that the defendants employed the plaintiff to obtain for them a purchaser of certain land ; that .the plaintiff procured a purchaser who made a contract with the defendants for the purchase of the land. The answer contained a general denial and also an allegation that the purchaser failed to fulfill his contract. On the trial the plaintiff was allowed,…

1Opinion of the CourtRobinson, J.

The claim of a real estate broker to his commission for effecting a sale (in the absence of any other controlling circumstance), accrues when the purchaser whom he has procured has entered into an agreement with his employer for the purchase and sale of the property. The contract of employment of the plaintiff by the defendants as declared in his complaint and testified to on his behalf (subject to the consideration hereafter stated, relating to Mrs. James,) became perfect upon the execution of the contract with Burchell, the purchaser. The testimony offered on the part of the defendant was…

2Cases cited2 opinions

  1. Jones v. . WalkerNew York Court of Appeals · 1875
  2. Neuman v. GoddardNew York Supreme Court · 1874

3Cited by8 opinions

  1. Enos v. EnosNew York Supreme Court · 1890
  2. Newman v. ErnstSuperior Court of Buffalo · 1890
  3. Wersebe v. Broadway & Seventh Avenue Railway Co.The Superior Court of New York City · 1893
  4. Mt. Morris Electric-Light Co. v. United States Horse & Cattle Show SocietyNew York Court of Common Pleas · 1894
  5. Wersebe v. Broadway & Seventh Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1893

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