Schmidt v. Ungrich
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Charles V. Schmidt, Jr., against Martin Ungrich. Judgment for plaintiff, and defendant appeals. Reversed, and new trial granted.
1Opinion of the CourtGuy, J.
The action was brought to recover broker’s commissions at the rate of 1 per cent, upon a sale or exchange of real property, as well as of a mortgage thereon, for the amount of $136,000. The answer denied that plaintiff was the procuring cause of the sale. There was proof of an employment, and a sale, as well as of the activities of other brokers. The evidence as to who was the procuring cause of the sale was conflicting.
The court properly charged that plaintiff was entitled either to a full commission of 1 per cent, or to nothing. No other issue is raised by the pleadings, and plaintiff does…
2Cases cited4 opinions
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
- Hamilton v. GillenderAppellate Division of the Supreme Court of the State of New York · 1898
- Phinney v. ChesebroAppellate Division of the Supreme Court of the State of New York · 1903
- Phinney v. ChesebroAppellate Division of the Supreme Court of the State of New York · 1903