Sampson v. Ottinger
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Marx Ottinger and Moses Ottinger, composing the firm of Ottinger Brothers, from a judgment of the. Supreme Court in favor of the plaintiffs, éntered in the office of the clerk of the county of New York on the 8th day of May, 1903,' upon the verdict of a jury, and also from an order entered in said, clerk’s office on the 12th day of May, 1903, denying the defendants’ motion for a new trial made upon the minutes.
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Appeal by the defendants, Marx Ottinger and Moses Ottinger, composing the firm of Ottinger Brothers, from a judgment of the. Supreme Court in favor of the plaintiffs, éntered in the office of the clerk of the county of New York on the 8th day of May, 1903,' upon the verdict of a jury, and also from an order entered in said, clerk’s office on the 12th day of May, 1903, denying the defendants’ motion for a new trial made upon the minutes. The action was to recover brokers’ commissions on a sale of real. property, it being alleged in the complaint that the plaintiffs were employed by the…
1Opinion of the Court
Patterson, J.:
It is evident from the record in this case that the verdict of the jury in favor of the plaintiffs is against the weight of evidence. There is no doubt of the plaintiffs having been employed originally by the defendants to negotiate a sale of the defendants’ property mentioned in the complaint, with a building loan to be made to the purchaser. That fact is conceded by the defendants; but it is equally apparent on the whole testimony that the plaintiffs did not find a purchaser who agreed to the terms of a contract. The duty of a broker employed to sell property is to bring the…
2Cases cited2 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Hay v. PlattNew York Supreme Court · 1892
3Cited by10 opinions
- Greene v. HellmanNew York Court of Appeals · 1980
- Newberry & Co. v. George W. Warnecke & Co.Appellate Division of the Supreme Court of the State of New York · 1944
- Clinchy v. Grandview Dairy, Inc.New York Court of Appeals · 1940
- Lord v. United States Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1911
- Haase v. UllmannAppellate Division of the Supreme Court of the State of New York · 1911
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