Ames v. McNally
New York Court of Common Pleas
Appeal from trial term. Action by Caleb T. Ames and another- against John McNaEy to recover commissions on the sale of realty. From a judgment dismissing the complaint, plaintiffs appeal.
1Opinion of the CourtPryor, J.
At the close of the plaintiffs’ case, the complaint was dismissed, and the question is, had a prima facie right to recover been shown? The fact is conceded that the plaintiffs themselves did not negotiate the sale, but they contend that, nevertheless, they were the procuring cause of its consummation. How so? True, *8they introduced the purchaser, but he hesitated to buy for the price named by the owner. Then the owner and purchaser themselves entered into negotiation, and concluded it upon virtually the terms offered through the plaintiffs. On this state of fact the plaintiffs might well claim…
2Cases cited5 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Sussdorff v. . SchmidtNew York Court of Appeals · 1873
- Lloyd v. . MatthewsNew York Court of Appeals · 1872
- Dexter v. . IvinsNew York Court of Appeals · 1892
- Hendricks v. DanielsNew York Court of Common Pleas · 1892
3Cited by2 opinions
- L'Ecluse v. FieldAppellate Division of the Supreme Court of the State of New York · 1913
- Colwell v. TompkinsAppellate Division of the Supreme Court of the State of New York · 1896