Brown v. Grassman
Appellate Division of the Supreme Court of the State of New York
Appeal from municipal court, borough of Queens, Third district. Action by Levi O. Brown against Henry Grassman for commissions. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtJenks, J.
The defendant appeals from a judgment of a municipal court in favor of plaintiff for a broker’s commission. Through the offices of plaintiff, the defendant, after examination of a certain parcel of land, executed a contract with a third party to exchange his realty for the said parcel. The defendant agreed to pay to plaintiff a) broker’s commission of $50. The defendant refused to execute the contract for the reason that a frame house on adjacent premises sagged over the lot. There is no contention that the plaintiff assumed “to execute the executory contract of exchange,” or that his…
2Cases cited4 opinions
- Gilder v. . DavisNew York Court of Appeals · 1893
- Kalley v. . BakerNew York Court of Appeals · 1892
- Knapp v. . WallaceNew York Court of Appeals · 1869
- C. H. Diamond & Co. v. HartleyAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Williamson, Picket, Gross, Inc. v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Charles v. CookAppellate Division of the Supreme Court of the State of New York · 1903