Breen v. Rives
Appellate Division of the Supreme Court of the State of New York
Appeal from trial term, New York county. Action by James A. Breen against Reginald W. Rives to recover for services alleged to have been rendered by the plaintiff as a broker in procuring a purchaser for defendant’s premises No. 37 Dey street, in the city of New York. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Per curiam
There was no evidence to warrant the submission of this case to the jury. The contract set up in the complaint, and sought to be proved, is said to have been made in May, 1894; but the correspondence fails to establish any employment by the defendant of the plaintiff as a broker at that time, or with reference to the sale then made. It is quite true that in 1890 the defendant authorized the plaintiff to sell the property, and agreed to give him commissions if he did so. But that authorization was made with reference to a particular sale to one person named in the contract, and to nobody…
2Cited by1 opinion
- Peebles v. SneedSupreme Court of Arkansas · 1944