De Zavala v. Royaliner
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Tenth District. Action by Henry De Zavala against Maurice Royaliner. From a judgment for plaintiff, defendant appeals. Reversed.
1Opinion of the CourtBlanchard, J.
We do not think it can be said that under the evidence produced the plaintiff was entitled to recover. The action is brought to recover upon an assigned claim for broker’s commission. The testimony of the plaintiff is to the effect that he secured the defendant’s leasehold for sale, and offered it, at the price named by the defendant, to the party who subsequently became the purchaser. The evidence, however, fails to show that plaintiff’s assignor was the procuring cause of the sale.
It appears that although the parties were originally brought together by the plaintiff’s assignor, still, at…
2Cases cited1 opinion
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
3Cited by3 opinions
- Frink v. GilbertWashington Supreme Court · 1909
- Farmer v. HolmesNorth Dakota Supreme Court · 1916
- Farber v. CohnAppellate Terms of the Supreme Court of New York · 1911