Marshall v. Goodman
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Morgan Marshall against Raymond Goodman. From a judgment entered in favor of the plaintiff in the Municipal Court of the City of New York after a trial before the court without a jury, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtGerard, J.
This action was brought by plaintiff, a real estate broker, to recover his commissions for procuring a purchaser for the defendant’s liquor store and business. The plaintiff claimed employment to sell for $5,600, and that he produced a purchaser, one Ploghaft, able, ready, and willing to purchase. On the day when it is al*12leged that Ploghaft was in plaintiff’s office ready to close, the defendant came in and said that he had reconsidered and would not sell.
A broker cannot recover commissions on the mere refusal of the owner to go on with negotiations. It is a necessary element of the broker’s…
2Cases cited5 opinions
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
- Inge v. McCreeryAppellate Division of the Supreme Court of the State of New York · 1901
- Schnitzer v. PriceAppellate Division of the Supreme Court of the State of New York · 1907
- Inge v. McCreeryAppellate Division of the Supreme Court of the State of New York · 1901
- Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905