Legal Opinion
Fittichauer v. Van Wyck
Appellate Terms of the Supreme Court of New York
Decided February 28, 1905PublishedCited by 3 opinions
Appeal from Municipal Court, Borough of Manhattan, Twelfth District. Action by Felix Fittichauer against Frederick Van Wyck. From a Municipal Court judgment in favor of defendant, plaintiff appeals. Affirmed.
1Per curiam
There was positive evidence of a disinterested witness, which the result shows the trial justice believed, that the *242broker’s commissions were not to be - paid until and unless title -passed. The purchaser failed to complete his purchase, and therefore no commissions became due.
Judgment affirmed, with costs.
2Cited by3 opinions
- Weiner v. InfeldAppellate Terms of the Supreme Court of New York · 1921
- Meltzer v. StrausAppellate Terms of the Supreme Court of New York · 1908
- Meckes v. MullenCity of New York Municipal Court · 1912