Finkelstein v. Kesalp Realty Corp.
This text of 279 A.D. 939 (Finkelstein v. Kesalp Realty Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Assuming that the complaint states a cause of action against the seller for. commissions earned, agents who, acting within the scope of their authority, induce the principal to breach a contract are not liable in damages to the other party to the contract. (Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317.) We construe the allegation that appellants controlled the seller corporation as an averment that they were its agents. Carswell, Acting P. J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p 1077.]
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Cite This Page — Counsel Stack
279 A.D. 939, 111 N.Y.S.2d 282, 1952 N.Y. App. Div. LEXIS 5376, Counsel Stack Legal Research, https://law.counselstack.com/opinion/finkelstein-v-kesalp-realty-corp-nyappdiv-1952.