Folinsbee v. Sawyer
The Superior Court of New York City
Appeal from a judgment entered on a verdict dismissing the complaint, and from an order denying a motion for a new trial.
1Opinion of the CourtHatch, J.
The plaintiff, by his action, seeks to'recover commission due him as a broker for effecting a contract of sale of real estate. The evidence relied upon to establish plaintiff’s employment is satisfactory, and clearly authorized the jury so to find. This is scarcely contended against. The real question in the case *584is, did plaintiff fulfill the contract which he undertook ? If so, he is entitled to remuneration. Whatever doubt existed as to what constitutes the engagement of a broker under such employment was set at rest by the decision in Sibbald v. Bethlehem Iron Co., 83 N. Y. 382, where it…
2Cases cited6 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Thomas v. . ScuttNew York Court of Appeals · 1891
- Gilder v. . DavisNew York Court of Appeals · 1893
- Grierson v. . MasonNew York Court of Appeals · 1875
- Condict v. . CowdreyNew York Court of Appeals · 1893
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