Carman v. . Beach
New York Court of Appeals
Appeal from judgment of the General Term of the City ■Court of Brooklyn, affirming a judgment in favor of plaintiff, ■entered upon the report of a referee. This action was brought to recover commissions alleged to have been earned by plaintiff, as real estate broker, in negotiating an exchange of a farm belonging to plaintiff for premises of one Martin.
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Appeal from judgment of the General Term of the City ■Court of Brooklyn, affirming a judgment in favor of plaintiff, ■entered upon the report of a referee. This action was brought to recover commissions alleged to have been earned by plaintiff, as real estate broker, in negotiating an exchange of a farm belonging to plaintiff for premises of one Martin. The referee found the employment of plaintiff by defendant to negotiate the sale or exchange of the farm at an agreed per centage; that plaintiff did negotiate the exchange, .and directed judgment for the amount of the per centage. . The…
1Opinion of the CourtAndrews, J.
It was incumbent upon the plaintiff, in order to recover, to show an employment by the defendant, and services rendered in pursuance thereof. The evidence of an original employment rests solely upon the testimony of the plaintiff. The defendant explicitly denies any contract to employ the plaintiff, or to pay him for services; but the evidence of the plaintiff, although not very satisfactory as to the existence of a contract of hiring, was prima facie sufficient to authorize the referee to find an employment of the plaintiff to negotiate a sale of the defendant’s farm.
The plaintiff testifies…
2Cited by31 opinions
- Murray v. . BeardNew York Court of Appeals · 1886
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Hey, Recr. v. CummerOhio Court of Appeals · 1950
- Roome v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1904
- Schleifenbaum v. RundbakenSupreme Court of Connecticut · 1909
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