Folinsbee v. Sawyer
Superior Court of Buffalo
. Motion by defendant for a new trial on a case containing exceptions ordered to be heard at the General Term in the first instance. .
1Opinion of the CourtHatch, J.
The action is brought to recover commissions for procuring the execution of a contract for the purchase of . real' estate. When this • case was before this court on an appeal from the judgment we said, respecting the obligation. resting, upon plaintiff to entitle him to recover, “ the minds must meet Upon the contract to sell and the terms upon which it is made; when this is accomplished it matters pot what *294those terms are, or whether carried out or not, or whether the failure to finally consummate it is due to the act of the vendor or vendee, for the broker has then fulfilled all that. his…
2Cases cited1 opinion
- Heilman v. . LazarusNew York Court of Appeals · 1882
3Cited by2 opinions
- Rosenberg v. SmithAppellate Terms of the Supreme Court of New York · 1899
- Silberberg v. ChipmanSupreme Court of Colorado · 1908