Rowe v. Stevens
The Superior Court of New York City
Appeal from an order granting a new trial. James Rowe sued Salmon S. Stevens, in the New York superior court, to recover the usual broker’s commission for services rendered by plaintiff to defendant, in finding a purchaser for fifteen lots of land owned by defendant.
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Appeal from an order granting a new trial. James Rowe sued Salmon S. Stevens, in the New York superior court, to recover the usual broker’s commission for services rendered by plaintiff to defendant, in finding a purchaser for fifteen lots of land owned by defendant. The defendant denied such employment, and the rendition of services for defendant, at defendant’s request, and claimed that plaintiff was employed by other persons than the defendant,—namely, by Winters and Hunt,—to bring about an exchange of some of their property for said lots; that he did effect such exchange, but that his…
1Opinion of the Court
By the Court.* — Freedman, J.
The learned *392judge presiding at the trial charged the jury in effect that, although as a general rule a broker cannot act for both parties, and collect a fee from each, yet there may be circumstances under which he may rightfully be employed by both parties to do a joint service upon the agreement to be paid equally by them, but that this must be fully understood.
He left it to the jury to find whether the case, according to the evidence, did or did not come within the exception referred to, and charged them that, before they could render a verdict for the…
2Cases cited1 opinion
- Barrett v. . the Third Avenue R.R. Co.New York Court of Appeals · 1871
3Cited by6 opinions
- Haviland v. PriceNew York Court of Common Pleas · 1894
- Bennett v. LeviNew York Court of Common Pleas · 1892
- Gaylord v. GallagherNew York Court of Common Pleas · 1892
- Hyland v. AndersonNew York Court of Common Pleas · 1892
- Schaff v. MilesNew York Court of Common Pleas · 1894
1 more not listed; retrieve them via the Exa API.