Kehoe v. Jacobus
This text of 188 A.D. 931 (Kehoe v. Jacobus) 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
Judgment and order reversed and new trial granted, costs to appellant to abide the event. We think the evidence presented a question of fact as to whether plaintiffs were the procuring cause for the sale of defendant’s property. As there is to be a new trial, we may also state that in our opinion the exclusion of the evidence offered by defendant as to the conversations and transactions between defendant, the purchaser of the property, and the second broker subsequent to the alleged failure of plaintiffs to negotiate the sale, and immediately preceding the sale, was also erroneous. The transaction was part of the res gestee. (9 C. J. 651, §§ 122, 123, and cases cited.) Jenks, P. J., Mills, Rich, Kelly and Jaycox, JJ., concurred.
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188 A.D. 931, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kehoe-v-jacobus-nyappdiv-1919.