Erland v. Gibbons
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Granville Gibbons, from a determination of the Appellate Term of the Supreme Court, entered in the office of the clerk of the county of New York on the 26th day of June, 1916, reversing a judgment of the Municipal Court of the City of New York, fifth district, borough of Manhattan, in defendant’s favor, and granting plaintiff a new trial.
1Opinion of the Court
Scott, J.:
The action is by a real estate broker against a client for commissions claimed to have been earned for effecting an agreement for an exchange of real estate.
Defendant employed plaintiff as a broker to sell certain houses and lots in the city of New York, or to procure an exchange thereof for a farm. Plaintiff found a person who owned a farm at Austerlitz, N. Y., and an agreement was made between the respective owners of the city and country properties for an exchange. The only defense which it is nec*553essary to consider is that based upon the fact that plaintiff had a secret…
2Cases cited4 opinions
- Knauss v. Gottfried Krueger Brewing Co.New York Court of Appeals · 1894
- Carman v. . BeachNew York Court of Appeals · 1875
- Dickinson v. . TysenNew York Court of Appeals · 1913
- Jacobs v. BeyerAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by3 opinions
- Douglas Holly, Inc. v. RiceAppellate Division of the Supreme Court of the State of New York · 1990
- Procidano v. MautnerCivil Court of the City of New York · 1972
- Rintel v. SteinbergAppellate Division of the Supreme Court of the State of New York · 1929