Miller v. Rossiter

Appellate Terms of the Supreme Court of New York

Miller v. Rossiter

125 Misc. 80, 209 N.Y.S. 767, 1925 N.Y. Misc. LEXIS 806

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 7, 1925

StatusPublished

This text of 125 Misc. 80 (Miller v. Rossiter) 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

Miller v. Rossiter, 125 Misc. 80, 209 N.Y.S. 767, 1925 N.Y. Misc. LEXIS 806 (N.Y. Ct. App. 1925).

Pincite

Opinion

Per Curiam:

The action was for brokerage commission earned in procuring a purchaser ready, willing and able to buy on defendant’s terms. A contract of sale was entered into. Immediately thereafter the broker made an agreement to wait for the payment of his commission “ when, as and if title closes.” Objections were made to the title and by mutual agreement the contract was rescinded; the money paid on account returned to the purchaser and the defendants paid the expenses incurred by the purchaser.

The brokerage commission, in this case, was earned when the contract was entered into. The agreement made by the broker was without consideration and unenforcible. (Reis Co. v. Zimmerli, 224 N. Y. 351.)

Judgment reversed and a new trial ordered, with thirty dollars costs to the appellant to abide the event.

All concur; present, Guy, Wasservogel and Glennon, JJ.

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