Duryee v. . Lester
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court, of the city of New Torlj, affirming a judgment in favor of plaintiff, entered upon a verdict. (Deported below, 11 J. & S., 564.) This action was brought to recover compensation for alleged services as broker in the sale pf certain personal property. The facts appear sufficiently in the opinion.
Read the full summary
Appeal from judgment of the General Term of the Superior Court, of the city of New Torlj, affirming a judgment in favor of plaintiff, entered upon a verdict. (Deported below, 11 J. & S., 564.) This action was brought to recover compensation for alleged services as broker in the sale pf certain personal property. The facts appear sufficiently in the opinion. It is improper and against public policy for a broker on a sale to recover com- • missions from both the vendor and vendee, except in a case where both parties have notice of his employment and each agree to pay him a commission. (Rowe v.…
1Opinion of the CourtAndrews, J.
The principal ground relied upon for the reversal of the judgment is that the plaintiff in the transaction was acting as broker for both parties to the sale, without disclosing the fact to the defendant.
It is implied in every contract of agency that the agent shall use his best efforts to promote the interests of his principal, audit is ordinarily inconsistent with the proper discharge by a broker of his duty to one employer that he shall at the same time, and in' the same matter be acting for another. The interests of the seller and purchaser of property in the negotiation for its sale are…
2Cases cited1 opinion
- McKyring v. . BullNew York Court of Appeals · 1857
3Cited by17 opinions
- Dickinson v. . TysenNew York Court of Appeals · 1913
- Felbel v. KahnAppellate Division of the Supreme Court of the State of New York · 1898
- Abel v. DisbrowAppellate Division of the Supreme Court of the State of New York · 1897
- Martin v. BlissNew York Supreme Court · 1890
- Jacobs v. BeyerAppellate Division of the Supreme Court of the State of New York · 1910
12 more not listed; retrieve them via the Exa API.