Schusterman v. Kraus
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Emma Kraus, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favor of the plaintiff, rendered on the 23d day of May, 1911.
1Opinion of the Court
Jenks, P. J.:
This is an action for the recovery of broker’s commissions upon the sale of realty. The defendant sought to prove that prior to the communication of the plaintiff to her that plaintiff had found a purchaser, the defendant ¡ had affirmed a sale made through another broker. But she was prevented by various general .objections which were sustained by the court under exceptions.
It did not appear that the employment ;of the plaintiff was exclusive. Therefore, evidence that tended] to show that before the plaintiff produced her customer the defendant in good faith had accepted a…
2Cases cited1 opinion
- Ettinghoff v. HorowitzAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by1 opinion
- Hutson v. StoneSupreme Court of South Carolina · 1922