Legal Opinion · Dissent
Graff v. Billet
Appellate Division of the Supreme Court of the State of New York
Decided May 7, 1984Published
1Dissent
Lazer, J. P. (dissenting).
After the plaintiff produced a buyer ready, willing and able to purchase at the seller’s terms, he mailed the seller an agreement which provided that the brokerage commission of $9,500 was “due and payable * * * as, if and when title passes, except for willful default on the part of the seller, in which case the commission shall be payable upon demand after said default”. Also sent to the seller — this time by the buyer — was the down *358payment and a signed contract incorporating the terms agreed upon between buyer and seller. The seller never signed the contract,…
2Cases cited12 opinions
- Amies v. WesnofskeNew York Court of Appeals · 1931
- Lane — Real Estate Department Store, Inc. v. Lawlet Corp.New York Court of Appeals · 1971
- Wagner v. DerecktorNew York Court of Appeals · 1954
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Stern v. Gepo Realty Corp.New York Court of Appeals · 1942
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