Legal Opinion

Brady v. Foster

Appellate Division of the Supreme Court of the State of New York

Decided May 1, 1902PublishedCited by 3 opinions

Appeal from trial term, Suffolk county. Action by Benjamin W. Brady against Andrew D. Foster. Judgment for defendant, and plaintiff appeals.

1Opinion of the CourtWoodward, J.

The plaintiff brings this action to recover $250 commissions alleged to have been earned in the negotiation of a sale of certain real estate located at Sayville, in Suffolk county, this state. The complaint alleges ownership of the property in the defendant, and an employment to sell the same for the sum of $10,000, for which the defendant agreed to pay plaintiff for his services the sum of 2^2 per cent, on the purchase price if he should make the sale; that the plaintiff procured a purchaser for said premises (one Carl Rietze) at the said sum of $10,000, in accordance with the terms required…

2Cases cited3 opinions

  1. Gilder v. . DavisNew York Court of Appeals · 1893
  2. Glentworth v. LutherNew York Supreme Court · 1855
  3. Starbird v. . BarronsNew York Court of Appeals · 1870

3Cited by3 opinions

  1. Alt v. DoscherAppellate Division of the Supreme Court of the State of New York · 1905
  2. Lederman v. OrecchiutoNew York Supreme Court · 1916
  3. McQuillen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902

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