Moore v. Maguire
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Seventh District. Action by Godfrey Moore against Sylvester Maguire. From a judgment dismissing the complaint, plaintiff appeals.
1Opinion of the CourtTruax, J.
The action was brought to recover the sum of $250 as commission to be paid by the defendant to the plaintiff upon the sale of certain premises in the city of New York. The authorization of the plaintiff was in writing^ and the evidence shows that the plaintiff procured a purchaser who was ready and able to take the property at the price named by the defendant. See Putter v. Berger, 95 App. Div. 62, 88 N. Y. Supp. 462, and Gilder v. Davis, 137 N. Y. 504, 33 N. E. 599, 20 L. R. A. 398.
Judgment is reversed, and a new trial ordered, with costs to appellant to abide the event.
All concur.
2Cases cited2 opinions
- Gilder v. . DavisNew York Court of Appeals · 1893
- Putter v. BergerAppellate Division of the Supreme Court of the State of New York · 1904