Gerding v. . Haskin
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 4, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought by the plaintiff to recover his compensation as a broker under the employment of the- defend•ants to find for them a purchaser of their real estate situated in the city of Hew York.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, entered upon an order made January 4, 1893, which affirmed a judgment in favor of plaintiff entered upon a verdict and also affirmed an order denying a motion for a new trial. This action was brought by the plaintiff to recover his compensation as a broker under the employment of the- defend•ants to find for them a purchaser of their real estate situated in the city of Hew York. Defendants put in issue the material allegations of the •complaint. Upon the trial plaintiff gave evidence tending to show his…
1Opinion of the CourtEarl, J.
Before a real estate broker can recover his compensation, he is bound to prove that he found a purchaser' and produced him to his principal, ready and willing to purchase the real estate upon his terms. (Rapalje on Real Estate Bro. § 72; Coleman v. Garrigues, 18 Barb. 60; Martin v. Bliss, 57 Hun, 159 ; Wylie v. Marine Bank, 61 N. Y. 416.)
It is' contended on behalf of the defendants, that the plaintiff utterly failed to show that he produced any purchaser to the defendants, ready and willing to enter into contract with them. They were entitled to know who the proposed purchasers were, and with…
2Cases cited4 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Coleman v. GarriguesNew York Supreme Court · 1854
- Booth v. . BunceNew York Court of Appeals · 1864
- Bissel v. . CampbellNew York Court of Appeals · 1873
3Cited by45 opinions
- Coppage v. HowardCourt of Appeals of Maryland · 1916
- Henry v. HarkerOregon Supreme Court · 1911
- Colburn v. SeymourSupreme Court of Colorado · 1904
- Ramsay v. . MillerNew York Court of Appeals · 1911
- Couch v. WelshUtah Supreme Court · 1901
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