Ferguson v. Willard
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Eastern District of New York. Action by Eugene S. Willard against John W. Eerguson. There was a judgment for plaintiff, and defendant brings error. This canse comes here upon appeal from a judgment in favor of defendant in error, who wus plaintiff lielow, in an action to recover commissions as real estate broker on the sale of the lot and building. No. 135 Fifth avenue, New York.
Read the full summary
In Error to the Circuit Court of the United States for the Eastern District of New York. Action by Eugene S. Willard against John W. Eerguson. There was a judgment for plaintiff, and defendant brings error. This canse comes here upon appeal from a judgment in favor of defendant in error, who wus plaintiff lielow, in an action to recover commissions as real estate broker on the sale of the lot and building. No. 135 Fifth avenue, New York. The judgment was entered upon the verdict of a jury, and the only assignment of error argued here was based upon an exception to the court’s refusal of…
1Opinion of the Court
LACOMBE, Circuit Judge.
Upon the controlling facts there is really no controversy in the testimony. Plaintiff’s brief states that the “only issues in the case were whether defendant employed plaintiff as a real estate broker and whether under such employment plaintiff procured purchaser.” This is not quite accurate because it leaves out the very important question — what were the terms of the employment. Employment of plaintiff as a broker is conceded by defendant, and plaintiff concedes that such employment was not exclusive, that defendant was free to look up a purchaser himself or to engage…
2Cited by4 opinions
- Burke v. LockhartCourt of Appeals for the Eighth Circuit · 1923
- Kennedy v. HartSupreme Court of Oklahoma · 1940
- Smith v. LewisWyoming Supreme Court · 1955
- Gaston, Williams & Wigmore of Canada, Ltd. v. WarnerCourt of Appeals for the Second Circuit · 1921