Moore v. Maguire

Appellate Terms of the Supreme Court of New York

Moore v. Maguire

98 N.Y.S. 752

Appellate Terms of the Supreme Court of New York·Decided April 24, 1906·Published

Opinion

TRUAX, J.

The action was brought to recover the sum of $250 as commission to be paid by the defendant to the plaintiff upon the sale of certain premises in the city of New York. The authorization of the plaintiff was in writing^ and the evidence shows that the plaintiff procured a purchaser who was ready and able to take the property at the price named by the defendant. See Putter v. Berger, 95 App. Div. 62, 88 N. Y. Supp. 462, and Gilder v. Davis, 137 N. Y. 504, 33 N. E. 599, 20 L. R. A. 398.

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

All concur.

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TRUAX, J.

The action was brought to recover the sum of $250 as commission to be paid by the defendant to the plaintiff upon the sale of certain premises in the city of New York. The authorization of the plaintiff was in writing^ and the evidence shows that the plaintiff procured a purchaser who was ready and able to take the property at the price named by the defendant. See Putter v. Berger, 95 App. Div. 62, 88 N. Y. Supp. 462, and Gilder v. Davis, 137 N. Y. 504, 33 N. E. 599, 20 L. R. A. 398.

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

All concur.

Moore v. Maguire, 98 N.Y.S. 752 (N.Y. Ct. App. 1906).

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