Morgenthau v. Walker
New York Court of Common Pleas
Appeal from city court, general term. . Action by Henry Morgenthau and others against Elizabeth H. Walker to recover commissions for the sale of real estate. From a judgment affirming a judgment dismissing the complaint, plaintiffs appeal. Reversed. For former report, see 20 N. Y. Supp. 991, mem.
1Opinion of the CourtPryor, J.
As brokers, the plaintiffs sue to recover an agreed commission for the sale of defendant’s property. The negotiation with the plaintiffs was conducted by the defendant’s husband; and the learned referee finds that he was duly authorized to sell the property, and to employ plaintiffs for that purpose, that, in fact, he did employ them, and did promise to compensate them for the service. But the referee finds also that the. purchaser produced by the plaintiffs refused to accept defendant’s offer; and that, as a legal consequence, they were not entitled to judgment. Accordingly the complaint was…
2Cases cited9 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Place v. . MinsterNew York Court of Appeals · 1875
- Wilkins v. . EarleNew York Court of Appeals · 1870
- Dunn v. . the PeopleNew York Court of Appeals · 1864
- The People v. . EvansNew York Court of Appeals · 1869
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3Cited by1 opinion
- Horan v. Central Park, North & East River RailroadNew York Court of Common Pleas · 1894