Martin v. . Crumb
New York Court of Appeals
Appeal from a judgment, entered July 31, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action is against an agent for the breach of an implied warranty of authority. The plaintiff is a broker; the defendant, an attorney at law.
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Appeal from a judgment, entered July 31, 1913, upon an order of the Appellate Division of the Supreme Court in the second judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action is against an agent for the breach of an implied warranty of authority. The plaintiff is a broker; the defendant, an attorney at law. About twenty-five acres of land in Queens county had been transferred under the will of John C. Debevoise. Fifteen acres were .owned by Solomon D. Purdy and Sarah H. Purdy. Nine acres were owned by…
1Opinion of the Court
Cardozo, J„
We are unable to concur with the Appellate Division in its construction of the terms of the plaintiff’s employment. We think he earned his commission when he procured a purchaser who was willing and able to buy the fifteen acres at the price named by the defendant. There is no doubt that when the contract of employment was first made it had relation to that parcel, and to no other. The argument is, however, that by force of the letter of July 20, the contract was changed. The change is said to have resulted from the statement that “after consultation, the parties owning the entire…
2Cases cited3 opinions
- White v. . HoytNew York Court of Appeals · 1878
- Junkermann v. . Tilyou Realty Co.New York Court of Appeals · 1915
- Galley v. . BrennanNew York Court of Appeals · 1915
3Cited by5 opinions
- M. O'Neil Supply Co. v. Petroleum Heat & Power Co.New York Court of Appeals · 1939
- Williamson, Picket, Gross, Inc. v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Frank Associates, Inc. v. John J. Ryan & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1952
- Erlich v. LandmanNew York Supreme Court · 1943
- Naughton v. NaughtonNew York Supreme Court · 1960