Kirwan v. Pizer

Appellate Terms of the Supreme Court of New York

Kirwan v. Pizer

109 N.Y.S. 739

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1908

StatusPublished

This text of 109 N.Y.S. 739 (Kirwan v. Pizer) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirwan v. Pizer, 109 N.Y.S. 739 (N.Y. Ct. App. 1908).

Pincite

Opinion

PER CURIAM.

This action was brought against the defendants to recover the sum of $300, commissions claimed to have been earned by the plaintiff in procuring a purchaser for certain real estate. The defendant Laura Pizer is the widow of one Jacob Pizer, deceased, who in his lifetime was the owner of the premises claimed to have been sold through the efforts of the plaintiff. The other defendants are the executors and trustees of the estate of said'Jacob Pizer, deceased. Upon the question as to whether or not the plaintiff was the procuring cause of the sale of the premises there was a conflict of evidence, and-the finding of the jury need not be disturbed. The evidence shows, however, that the defendant Laura Pizer had merely a beneficiary interest in the property sold, that she had no authority to sell, and that so far as she acted in the negotiations leading, up to the sale she invariably referred the broker to the executors and trustees, who alone had power to convey the property. The judgment as to her must therefore be reversed.

Judgment against Laura Pizer reversed, with costs. Judgment against Leon Pizer, Edward Schnaper, and Samuel Schnaper affirmed, with costs.

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PER CURIAM.

This action was brought against the defendants to recover the sum of $300, commissions claimed to have been earned by the plaintiff in procuring a purchaser for certain real estate. The defendant Laura Pizer is the widow of one Jacob Pizer, deceased, who in his lifetime was the owner of the premises claimed to have been sold through the efforts of the plaintiff. The other defendants are the executors and trustees of the estate of said'Jacob Pizer, deceased. Upon the question as to whether or not the plaintiff was the procuring cause of the sale of the premises there was a conflict of evidence, and-the finding of the jury need not be disturbed. The evidence shows, however, that the defendant Laura Pizer had merely a beneficiary interest in the property sold, that she had no authority to sell, and that so far as she acted in the negotiations leading, up to the sale she invariably referred the broker to the executors and trustees, who alone had power to convey the property. The judgment as to her must therefore be reversed.

Judgment against Laura Pizer reversed, with costs. Judgment against Leon Pizer, Edward Schnaper, and Samuel Schnaper affirmed, with costs.

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Bluebook (online)

109 N.Y.S. 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kirwan-v-pizer-nyappterm-1908.