McComb v. Von Ellert
New York Court of Common Pleas
Appeal from trial term. Action by James McComb against Mathilda Von Ellert to recover brokerage on the sale of real estate belonging to defendant. From a judgment entered on a verdict directed in favor of defendant,, plaintiff appeals. Reversed.
1Opinion of the CourtDaly, C. J.
According to the testimony of the plaintiff, he was employed by the defendant about October 1, 1890, to sell her property on Lenox avenue, between 113th and 114th streets, for a *373commission of 1 per cent. It was to be conveyed subject to a mortgage of $94,000 at 5 per cent. The plaintiff procured a purchaser willing to give $145,000. This was accepted, and his commission agreed to by defendant, and a contract was drawn up and signed by the latter and the purchaser, Joseph Sault, on October 10, 1890. By the contract a delivery of the deed was fixed for November 11, 1890, but was then, and from…
2Cases cited1 opinion
- Little v. ReesSupreme Court of Minnesota · 1885
3Cited by5 opinions
- Moskowitz v. HornbergerAppellate Terms of the Supreme Court of New York · 1897
- Taubenblatt v. GalewskiAppellate Terms of the Supreme Court of New York · 1908
- Moskowitz v. HornbergerCity of New York Municipal Court · 1896
- Swee v. NeumannCity of New York Municipal Court · 1910
- Hann v. BrettlerAppellate Terms of the Supreme Court of New York · 1907