Tanenbaum v. . Boehm
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action, and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered January 5, 1910, affirming a judgment in favor of plaintiffs entered upon a verdict directed by the court. The nature of the action, and the facts, so far as material, are stated in the opinion. The evidence is conclusive that the minds of the parties to the proposed lease never met as to many of the essential terms and conditions of a contract of lease, therefore the plaintiffs never earned their commissions, and the direction of a verdict in their favor presents a reversible…
1Opinion of the CourtG-eay, J.
The plaintiffs are real estate brokers and they have brought this action to recover the commissions, which were earned by them, as they allege, by finding for the defendants a party able and willing to take a lease of their property on terms agreed upon. At the conclusion of the trial, the court directed a verdict for the plaintiffs; denying a similar motion in behalf of the defendants and, also, their request to submit the case to jury. It is necessary, therefore, briefly, to examine the evidence, in order that it may be seen whether the facts, material to the establishment of the…
2Cases cited2 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Mooney v. . ElderNew York Court of Appeals · 1874
3Cited by33 opinions
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- Ikeoka v. KongHawaii Supreme Court · 1963
- Davidson v. . StockyNew York Court of Appeals · 1911
- R. B. Miller Organization, Inc. v. Vasap Construction Corp.Appellate Division of the Supreme Court of the State of New York · 1992
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