Legal Opinion

Emerson v. Roof

The Superior Court of New York City

Decided December 15, 1883Published

In the year 1879, Homer Morgan, a well known real estate broker, had the premises Hos. 34 Broadway and 69 Hew street for sale for James M. Motley, and subsequently for a Mr. Fielder. In the early part of 1883, Morgan had an offer for the property, and through his clerk Jabez B. Hyde, opened and conducted negotiations with the defendant (who was discovered to be the party in interest) for the sale of the premises.

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In the year 1879, Homer Morgan, a well known real estate broker, had the premises Hos. 34 Broadway and 69 Hew street for sale for James M. Motley, and subsequently for a Mr. Fielder. In the early part of 1883, Morgan had an offer for the property, and through his clerk Jabez B. Hyde, opened and conducted negotiations with the defendant (who was discovered to be the party in interest) for the sale of the premises. As a result of these negotiations Du Bois Smith (the agent and attorney of the plaintiff) and the defendant had several interviews, and a final offer of $127,500 net was agreed upon…

1Opinion of the CourtLarremore, J.

— The premises were in Morgan’s hands for sale for some years before the defendant acquired any interest therein. It was not until the spring of 1883 that Morgan, upon the application of a purchaser, sought out the defendant and opened a correspondence with him upon the subject. This correspondence and the interviews between the parties finally resulted in the execution of the contract upon which this suit is brought. It might be said, in view of the evidence, that Morgan was as much the agent of one party as the other in effecting the sale. He was not expressly employed by the defendant. He…

2Cases cited2 opinions

  1. Myers v. . De MierNew York Court of Appeals · 1873
  2. Myres v. DeMierNew York Court of Common Pleas · 1872

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