Finck v. Bauer
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment rendered in favor of the defendant in the Municipal Court, sixth district, borough of Manhattan.
1Opinion of the CourtFreedman, P. J.
There is no dispute as to the material facts in this case. The action was brought by the plaintiff to recover 'the sum of $100 as commissions for procuring a loan of $5,000 upon premises owned by the defendant. The contract between the parties was in writing, under seal, and by its terms the defendant employed the plaintiff as his broker to procure a loan of the amount above stated, agreeing to pay 2 per cent, therefor, and also for drawing bond and mortgage, etc. The contract con*219tained this clause: “It is further understood that I am to furnish a title, in fee simple, free and clear from all…
2Cases cited3 opinions
- Hendricks v. . StarkNew York Court of Appeals · 1867
- O'Neil v. . Van TasselNew York Court of Appeals · 1893
- Schaefer v. BlumenthalAppellate Division of the Supreme Court of the State of New York · 1900