Einhorn v. P. Derby & Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Moses Einhorn against P. Derby & Co. From a judgment for plaintiff, and from an order denying a new trial, defendant appeals.
1Opinion of the CourtLehman, J.
The plaintiff has recovered for services which he claims he rendered for the defendant in procuring a person ready, willing, and able to enter into a lease for a store in Canal street upon terms and conditions agreed upon between the defendant and the proposed lessee. [1] In order to recover for services as a broker, the plaintiff must show that he was actually employed by the defendant. [2] He alleges in his complaint that he was employed to procure a lessee upon terms and conditions to be agreed upon, but I fail to find any evidence sufficient to sustain a finding that he was employed by…
2Cases cited2 opinions
- Brady v. American Machine & Foundry Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Miller v. Waclark Realty Co.Appellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Einhorn v. P. Derby & Co.Appellate Terms of the Supreme Court of New York · 1911
- Howsley v. Corona Security Corp.California Court of Appeal · 1915