Legal Opinion
Kaelin v. Warner
New York Court of Appeals
Decided January 13, 1971PublishedCited by 37 opinions
1Opinion of the Court
Chief Judge Fuld.
In this action to recover real estate brokerage commissions, the courts below held in favor of the plaintiff. We reach a different conclusion.
The defendants, who owned a farm located in the Town of Riverhead, Long Island, listed it with the plaintiff, a licensed real estate broker, for sale at a price of $100,000 — later increased to $100,500 — with terms to be arranged. The plaintiff, having located a Mrs. Appleby as a possible purchaser, notified the defendants of his prospect and was told to contact their attorney so that he might draw up the proposed terms of sale. That…
2Cases cited10 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Petterson v. PattbergNew York Court of Appeals · 1928
- Haase v. SchneiderAppellate Division of the Supreme Court of the State of New York · 1906
- Arnold v. SchmeidlerAppellate Division of the Supreme Court of the State of New York · 1911
- House v. HornburgAppellate Division of the Supreme Court of the State of New York · 1944
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Williamson, Picket, Gross, Inc. v. HirschfeldAppellate Division of the Supreme Court of the State of New York · 1983
- Taibi v. American Banknote Co.Appellate Division of the Supreme Court of the State of New York · 1987
- Nuvest, S. A. v. Gulf & Western Industries, Inc., Natural Resources Group, a Division of Gulf& Western Industries, Inc.Court of Appeals for the Second Circuit · 1981
- Wykagyl Agency, Inc. v. RothschildAppellate Division of the Supreme Court of the State of New York · 1984
- Weniger v. Union Center Plaza AssociatesDistrict Court, S.D. New York · 1974
32 more not listed; retrieve them via the Exa API.