Siegel v. Gould
New York Supreme Court
This was an appeal from a judgment for the plaintiffs, entered on the report of a referee. The action was brought to recover broker’s commissions for finding the defendant a purchaser of his real estate.
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This was an appeal from a judgment for the plaintiffs, entered on the report of a referee. The action was brought to recover broker’s commissions for finding the defendant a purchaser of his real estate. It appeared that the plaintiffs wére real estate brokers in New York city, and prior to October 20,1870, were entrusted by the defendants, for sale or exchange, with certain real estate, and requested to find a purchaser for the same, with a promise to pay commissions at two and a half per cent, on the price obtained, for the plaintiffs’ services upon a sale ox exchange. The plaintiffs having…
1Opinion of the Court
By the Court—
Gilbebt, J.
According to the finding of the referee, the nature of the defendant’s employment of the plaintiffs was that of mere brokers, in the strict signification of that term, and not that of agents to make a sale on his behalf. The evidence sustains this view of the relations between the parties. The defendant agreed to pay the plain*179tiffs for that service. The service having been rendered pursuant to the agreement, we are unable to perceive any legal objection to a recovery by the plaintiffs. The fact that Martin, the purchaser of the defendant’s property, also agreed to pay…
2Cases cited1 opinion
- Redfield v. . TeggNew York Court of Appeals · 1868
3Cited by17 opinions
- Scribner v. CollarMichigan Supreme Court · 1879
- Orton v. ScofieldWisconsin Supreme Court · 1884
- Red Cypress Lumber Co. v. PerrySupreme Court of Georgia · 1903
- McDonald v. MaltzMichigan Supreme Court · 1892
- Pagel v. CreasyOhio Court of Appeals · 1916
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