Wylie v. . Marine National Bank
New York Court of Appeals
Appeal from judg t of the General Term of the Court of Common Pleas, i id for the city and county of New York, affirming a judgment entered upon an order dismissing plaintiff’s complaint upon trial. This action was brought plaintiff’s commissions, as a real estate broker, upon ai? alleged sale of real estate for the defendant. 1 The facts appear sufficiently in '.the opinion. Plaintiff was the procuring cause of the sale.
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Appeal from judg t of the General Term of the Court of Common Pleas, i id for the city and county of New York, affirming a judgment entered upon an order dismissing plaintiff’s complaint upon trial. This action was brought plaintiff’s commissions, as a real estate broker, upon ai? alleged sale of real estate for the defendant. 1 The facts appear sufficiently in '.the opinion. Plaintiff was the procuring cause of the sale. (Lloyd v. Matthews, 51 N. Y., 124; Morgan v. Mason, 4 E. D. S., 637; Chilton v. Butler, 1 id., 151; Lyon v. Mitchell, 36 N. Y., 237; McClave v. Payne, 49 id., 561; Lincoln…
1Opinion of the Court
Earl, C.
I will assume that the tflaintiff was properly employed as defendant’s broker for tffe sale of the real estate, and the only question which I deenfi it important to consider is, whether he earned his commissions.
There are many reported casespf suits by real estate brokers for their commissions, and the .opinions of learned judges are not always in harmony with -each other. But a few general rules may be regarded as settled. One who has employed a broker can himself sell tjzie property to a purchaser whom he has procured, without any aid from the broker. (Hungerford v. Hicks, 39 Conn.,…
2Cases cited5 opinions
- Barnard v. MonnotNew York Court of Appeals · 1866
- McClave v. . PaineNew York Court of Appeals · 1872
- Tombs v. AlexanderMassachusetts Supreme Judicial Court · 1869
- Hungerford v. HicksSupreme Court of Connecticut · 1872
- Briggs v. RoweNew York Court of Appeals · 1868
3Cited by93 opinions
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Des Rivieres v. SullivanMassachusetts Supreme Judicial Court · 1924
- Zeimer v. AntisellCalifornia Supreme Court · 1888
- Emery v. Atlanta Real Estate ExchangeSupreme Court of Georgia · 1891
- Cadigan v. CrabtreeMassachusetts Supreme Judicial Court · 1904
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