McClave v. . Paine
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant entered upon a verdict. The action was brought by plaintiff, a real estate broker, to recover a commission for negotiating a sale of two blocks of land in the city of Hew York.
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Appeal from judgment of the General Term of the Superior Court of the city of Hew York, affirming a judgment in favor of defendant entered upon a verdict. The action was brought by plaintiff, a real estate broker, to recover a commission for negotiating a sale of two blocks of land in the city of Hew York. The facts sufficiently appear in the opinion, To entitle a broker to recover commissions, he must show his authority to act, and that his agency was the procuring cause of the sale. (Chilton v. Butler, 1 E. D. Smith, 150; Briggs v. Rowe, 4 Keyes, 442.) Defendant could not, by taking the…
1Opinion of the CourtGrover, J.
The facts that the jury must have found under the charge were that the respondent, being the owner of three, separate parcels of real estate in the city of Hew York, employed the plaintiff, a real estate broker, doing business in the city, to negotiate contracts for the sale of each at a specified price; that the plaintiff informed a person of the fact of his having one of the parcels for sale, who desired to purchase it, and the plaintiff brought this person and the defendant together, and informed the latter of the desire of the former to purchase the particular parcel. Thereupon the…
2Cases cited3 opinions
- Moses v. . BierlingNew York Court of Appeals · 1865
- Lyon v. . MitchellNew York Court of Appeals · 1867
- Barnard v. MonnotNew York Court of Appeals · 1866
3Cited by32 opinions
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Hafner v. HerronIllinois Supreme Court · 1896
- Armstrong v. WannSupreme Court of Minnesota · 1882
- Pape v. WrightIndiana Supreme Court · 1889
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