Larson v. Burroughs
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Luemma Hamilton Burroughs, from a judgment of the Municipal Court of the city of New York in favor of the plaintiff, rendered on November 9, 1908.
1Opinion of the Court
Jenks, J.:
The plaintiff has recovered a judgment for broker’s commissions as on a sale of real estate. The evidence shows that the proposed vendor refused to execute the contract for sale unless the broker consented to the incorporation therein of the following provision: “ The vendor agrees that Ole E. Larson is the broker who has brought about this sale, and agrees to pay said broker his commission therefor, namely, 1%, when balance of cash amount to be paid is made and deed actually delivered.” It does not appear either that the balance of the cash amount was ever paid or that any deed was…
2Cases cited2 opinions
- Seymour v. St. Luke's HospitalAppellate Division of the Supreme Court of the State of New York · 1898
- Morgan v. CalvertAppellate Division of the Supreme Court of the State of New York · 1908
3Cited by9 opinions
- Colvin v. . Post Mortgage Land Co.New York Court of Appeals · 1919
- Dallas Dome Wyoming Oil Fields Co. v. BrooderWyoming Supreme Court · 1939
- Hopkins v. SettlesSupreme Court of Oklahoma · 1915
- Weiner v. InfeldAppellate Terms of the Supreme Court of New York · 1921
- Prince v. Selby Smelting Lead Co.California Court of Appeal · 1917
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