Barnard v. Monnot
New York Court of Appeals
Ckauncey Barnard sued John B. Monnot in the supreme court, to recover his compensation as a real estate broker, amounting to two thousand five hundred dollars, in effecting the sale of the “ Hippodrome ” property in the city of New York. On the trial, the plaintiff was nonsuited. The judgment was affirmed at the general term of the first district.
Read the full summary
Ckauncey Barnard sued John B. Monnot in the supreme court, to recover his compensation as a real estate broker, amounting to two thousand five hundred dollars, in effecting the sale of the “ Hippodrome ” property in the city of New York. On the trial, the plaintiff was nonsuited. The judgment was affirmed at the general term of the first district. The facts may be stated as follows: The plaintiff, a real estate broker in the city of New York, was employed by the defendant to negotiate a sale of certain real property of the defendant, known as the Hippodrome property, for the price of two…
1Opinion of the Court
By the Court.
Hurt, J.
[After stating the facts as above.] — I think the decision was erroneous. The duty of the broker consisted of bringing the minds of the vendor and vendee to an agreement. He could do no more. He had no power to execute a contract, to pay the money for the one side, to convey the land on the part of the other, or to compel the performance by either of their duties. The plaintiff produced a purchaser, willing and ready to accept the terms of the defendant, and able to perform the obligation on his part. He had then earned his commissions, and it would be a singular…
2Cases cited1 opinion
- Moses v. . BierlingNew York Court of Appeals · 1865
3Cited by33 opinions
- Wylie v. . Marine National BankNew York Court of Appeals · 1875
- Mooney v. . ElderNew York Court of Appeals · 1874
- McFarland v. LillardIndiana Court of Appeals · 1891
- Lockwood v. RoseIndiana Supreme Court · 1890
- McClave v. . PaineNew York Court of Appeals · 1872
28 more not listed; retrieve them via the Exa API.