Eichenbaum v. Taxicab Independent Owners Auto Mutual Casualty Co.

Plaintiffs ask that the judgment dismissing their complaint on the merits (Eichenbaum v. Independent Owners Auto Mutual Casualty Co., 135 Misc. 339) be set aside, and instead that a verdict be directed for them, upon the ground that the court erred in its application of the law to the case.

The law as to brokers’ commissions, plaintiffs contend, is radically different, when applied to a mortgage loan, from that to be applied to the sale of real property. In the latter instance the broker has earned his commissions when he has found a purchaser ready, willing and able to buy on the terms set by…