Weiner v. Infeld
Appellate Terms of the Supreme Court of New York
Appeal by the plaintiff from a judgment dismissing his complaint upon the merits, with costs, after a trial in the Municipal Court of the city, of New York, third district, borough of Brooklyn, before the court without a jury. The action was to recover a balance of broker’s commissions upon the sale of real estate.
1Opinion of the CourtCropsey, J.
In the absence of a special agreement providing otherwise a broker employed to sell real property is entitled to commissions vdien he produces a purchaser who is ready and able to buy upon the seller’s terms. But the broker and the seller may make any different agreement as to the time when, or the contingency upon which, the former’s commissions shall be paid. They may, of course, agree that the commissions shall not be paid unless title passes and may even agree that the broker shall not be entitled to recover although the failure to pass title be the fault of the seller. But this latter…
2Cases cited17 opinions
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Young v. . HunterNew York Court of Appeals · 1852
- Condict v. . CowdreyNew York Court of Appeals · 1893
- Pinkerton v. HudsonSupreme Court of Arkansas · 1908
- Crasto v. WhiteNew York Supreme Court · 1889
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3Cited by6 opinions
- Tant v. GeeSupreme Court of Missouri · 1941
- Oil Trading Associates, Inc. v. Texas City Refining, Inc.District Court, S.D. New York · 1962
- Windsor Investing Corp. v. T. J. McLaughlin's SonsNew York Supreme Court · 1927
- Burkard v. Midvale Estates, Inc.Appellate Terms of the Supreme Court of New York · 1963
- Harris v. WheelerCourt of Appeals of Texas · 1923
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