Benedict v. Pincus
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Julian Benedict, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 18th day of March, 1909, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 16th day of March, 1909, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Houghton, J.:
The plaintiff is a real estate broker and sues the defendants for commissions in obtaining a tenant for them. The defendants do not dispute the employment of the plaintiff, or that he procured one Smith to sign a paper, which the Court of Appeals held to be a binding agreement for a lease. (191 N. Y. 377.) This court had previously held that such agreement was a mere option, and Smith refusing to take, the commissions had not been earned. (109 App. Div. 20.) It followed from the decision of the Court of Appeals that the plaintiff did procure a tenant for the defendants who was…
2Cases cited2 opinions
- Benedict v. . PincusNew York Court of Appeals · 1908
- Benedict v. PincusAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by1 opinion
- John Reis Co. v. ZimmerliNew York Court of Appeals · 1918