Gilder v. . Davis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 14, 1892, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit and ordered a new trial.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made April 14, 1892, which reversed a judgment in favor of defendants, entered upon a decision of the court on trial at Circuit and ordered a new trial. This action was brought by plaintiff as chairman of the purchasing committee of the Western Dressed Beef Company to recover the sum of $500, alleged to have been unlawfully retained by the defendants out of the moneys received by them under a contract negotiated by them as brokers employed by plaintiff to sell certain lands. The material facts are…
1Opinion of the CourtEarl, J.
The general rule is that when a broker, employed to negotiate a sale of real estate, brings to his employer a responsible purchaser willing to buy upon the terms prescribed he has earned his commissions. (Mooney v. Elder, 56 N. Y. 238; Sibbald v. Iron Co., 83 id. 378; Duclos v. Cunningham, 102 id. 678; Kalley v. Baker, 132 id. 1.) Where the contract of sale is executed between the employer and the purchaser, the right of the broker to his commissions does not depend upon the performance of the contract by the purchaser. If from a defect in the title of the vendor, or from a refusal to…
2Cases cited3 opinions
- Mooney v. . ElderNew York Court of Appeals · 1874
- Nesbitt v. HelserSupreme Court of Missouri · 1872
- Pierce v. PowellIllinois Supreme Court · 1870
3Cited by62 opinions
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Phinizy v. BushSupreme Court of Georgia · 1907
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Hecht v. MellerNew York Court of Appeals · 1968
- Stiewel v. LallySupreme Court of Arkansas · 1909
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