Courter v. Lydecker
Supreme Court of New Jersey
This is an appeal from the judgment of the District Court, taken to the Supreme Court under the act of 1902. Pamph. L., p. 565. The state of the case submitted is as follows: The action was brought to recover the amount of commissions or brokerage claimed to be due to the plaintiffs for the sale of the defendant’s farm.
Read the full summary
This is an appeal from the judgment of the District Court, taken to the Supreme Court under the act of 1902. Pamph. L., p. 565. The state of the case submitted is as follows: The action was brought to recover the amount of commissions or brokerage claimed to be due to the plaintiffs for the sale of the defendant’s farm. That part of the written agreement material to this action, as it was proved at the trial, on which the plaintiffs based their claim to commissions, reads as follows: “1 hereby authorize Lydecker Brothers, of Paterson, New Jersey, to sell my property herein "described, at a…
1Opinion of the Court
■The opinion of the court was delivered by
Reed, J.
The condition upon which the plaintiffs were to become entitled to their commissions was that they should obtain a sale for the defendant.
In tire absence of a special agreement, the general rule is that the right of a broker to commissions is complete when he has procured a purchaser able and willing to conclude a bargain on the terms on which the broker was authorized to sell. 2 Am. & Eng. Encycl. L. (1st ed.) 578; Mooney v. Elder, 56 N. 7. 238; Hinds v. Henry, 7 Vroom 328.
The broker maj', by special agreement, so contract as to make his…
2Cited by2 opinions
- Notkins v. PashalinskiSupreme Court of Connecticut · 1910
- Leschziner v. BaumanSupreme Court of New Jersey · 1912