Curtiss v. Mott
New York Supreme Court
Appeal from circuit court, New York county. Action by Robert M. Curtiss against John C. Mott to recover $600 alleged to be due to plaintiff for services rendered by him as a real-estate broker. Prom a judgment in favor of plaintiff for $691.64, entered on a verdict, defendant appeals. Reversed.
1Opinion of the CourtParker, J.
We do not see how this judgment can stand, although it may well be that in this particular instance it works substantial justice. The plaintiff, as broker, undertook to sell the defendant’s property at a fixed price, at a rate of commission agreed upon. Under the authorities of this state it was necessary for him, in order to earn his commissions, to produce a purchaser who should be ready and willing to purchase the property upon the would-be seller’s terms. This he did not do, but instead he brought a man who would have bought it at the seller’s terms provided the monthly rentals at the…
2Cases cited1 opinion
- French v. Brush-Swan Electric Light Co.New York Supreme Court · 1891
3Cited by7 opinions
- C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1899
- Hausman v. HerdtfelderAppellate Division of the Supreme Court of the State of New York · 1903
- C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1899
- Little v. LiggettSupreme Court of Kansas · 1912
- Wiggins v. Estate of CoddingtonAppellate Terms of the Supreme Court of New York · 1913
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