Hochbaum v. Rotter
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of the Bronx, Second District. Action by Benjamin Hochbaum against Sigmund S. Rotter. From a Municipal Court judgment in favor of plaintiff, defendant appeals. Reversed, and new trial ordered.
1Opinion of the CourtFitzgerald, J.
Defendant, without authority from his wife, employed plaintiff as a broker to sell her real estate, and plaintiff seeks to hold defendant for breach of implied warranty. The paper (claimed to be a written authorization to offer property for sale) furnished plaintiff constitutes no bar to the defense of illegality on the part of -the alleged principal. It is not signed by the owner or her attorney in fact, and while, as a general proposition, it may be claimed that a contract by an agent beyond his authority, by which his principal is not bound, binds the agent personally, it is nevertheless…
2Cases cited1 opinion
- Bloodgood v. ShortAppellate Terms of the Supreme Court of New York · 1906