Legal Opinion

Whittemore v. De Pasquale

New York Supreme Court

Decided December 30, 1958PublishedCited by 1 opinion

1Opinion of the CourtSidney A. Fine, J.

The complaint alleges that the consideration for the promise of the individual defendants to give plain*649tiff a one-third interest in the property and place him in charge of the management of the property was plaintiff’s waiver of his alleged right to receive a brokerage commission from the seller, thereby reducing the price by the amount of the commission. It appears without contradiction that, at the time, plaintiff possessed no license to act as a real estate broker and that, therefore, his waiver of a right to a commission constituted no consideration whatever for the promises sought to be…

2Cases cited1 opinion

  1. Milman v. DennistonNew York Supreme Court · 1947

3Cited by1 opinion

  1. 5303 Realty Corp. v. O & Y Equity Corp.New York Court of Appeals · 1984

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