Ettinghoff v. Horowitz
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Louis Ettinghoff and another, from a judgment of the Municipal Court of the city of Hew York, in favor of the defendant dismissing plaintiffs’ complaint.
1Opinion of the Court
Woodward, J.:
This is an action for brokers’ commissions alleged to have been earned by the plaintiffs in procuring a customer ready, willing and able to purchase upon the defendant’s terms. There does not seem to be any dispute that the plaintiffs produced a proper customer, but the defendant claims that at the time the customer was pror duced he had contracted to sell the premises to another, and the learned court below appears to have believed his testimony upon this point. There was no conflict of evidence upon this point, and there is no evidence to show that the defendant acted in bad…
2Cited by4 opinions
- Beck v. HowardSouth Dakota Supreme Court · 1920
- Clair v. Kall & Kall, Inc.Nassau County District Court · 1960
- Schusterman v. KrausAppellate Division of the Supreme Court of the State of New York · 1912
- Hodge v. AppellesAppellate Division of the Supreme Court of the State of New York · 1907