Brumfield v. Pottier & Stymus Manufacturing Co.
New York Court of Common Pleas
Appeal from city court, general term. Action by Eva Brumfield against the Pettier & Stymus Manufacturing Company to recover for services in letting defendant’s property. From a judgment of the general term of the city court (20 N. Y. Supp. 615) affirming a judgment on a verdict for plaintiff, defendant appeals.
1Opinion of the CourtPryor, J.
The fundamental question is whether the plaintiff was retained merely to render services in reference to the letting, to be paid for irrespective of their result, or whether her employment was that of a broker to effect a lease. If the former, the judgment is unimpeachable; if the latter, it cannot stand, because of the exclusion of evidence tending to show that the plaintiff was. not the procuring cause of the letting. It is impossible to doubt that the action was tried and determined as a claim for compensation in effecting a lease of the premises. The allegation of the complaint, denied by…
2Cases cited1 opinion
- Goldsmith v. CookNew York Court of Common Pleas · 1891
3Cited by3 opinions
- Good v. SmithOregon Supreme Court · 1904
- Aultman & Taylor Co. v. GundersonSouth Dakota Supreme Court · 1894
- Chambers v. FarnhamCourt of Appeals for the Seventh Circuit · 1916