Schutrum v. Horton

This is a motion made by the defendants under the provisions of subdivision 2 of section 193 of the Civil Practice Act to bring in as a defendant Bertha Kies, claiming that she is liable over in this suit for specific performance of a land sales contract for the sale to the plaintiffs of property belonging to the defendants, which contract was negotiated by said Bertha Kies as a real estate broker.

I am deciding this motion upon the reasoning set forth in the Celótea> case, Nichols v. Clark, MacMullen & Riley, Inc. (261 N. Y. 118). After carefully analyzing the allegations in the pleadings,…