Harper v. Goodall
New York Court of Common Pleas
Appeal from, a judgment of the district court in the City of Hew York for the Sixth Judicial District. The action was brought to recover commissions claimed by the plaintiff, as broker, for procuring tenants for Ho. 339 West 34th Street, Hew York. The justice dismissed the complaint and rendered judgment in favor of the defendant. From the judgment the plaintiff appealed to this court.
1Opinion of the CourtJ. F. Daly, J.
The plaintiff had no personal transaction with defendant, neither had his clerks and agents. The latter acted upon the assumption that defendant’s wife and daughter had authority to employ them. Ho authority can be assumed in a case like the present. The employment of a real estate broker to rent the premises in which the family lives is not within the scope of the ordinary agency of the wife, and special authority or ratification must be shown. There was no ratification, for defendant is not shown to have accepted the fruits of plaintiff’s efforts with full knowledge of the facts.
The proper…
2Cited by2 opinions
- Southack v. IrelandAppellate Division of the Supreme Court of the State of New York · 1905
- Harrell v. VeithCity of New York Municipal Court · 1888