Crossman v. Pease & Elliman, Inc.

Defendant Fifth Avenue and 60th Street Corporation is the owner of a co-operative apartment house. By written agreement in force during the period covered by the complaint in this action, it appointed Pease & Elliman, Inc. (herein P&E) as its general agent. Among its duties as such agent were to ‘ ‘ use its best efforts to sell dwelling-space in the property, as such space may be offered for resale from time to time by tenant-owners of the building.” The agency agreement further provided that the agent was given authority and power necessary or advisable to carry out the spirit and intent of…