Oliver Williams, Inc. v. Nielsen

Appellate Terms of the Supreme Court of New York

Oliver Williams, Inc. v. Nielsen

206 Misc. 172, 131 N.Y.S.2d 773, 1954 N.Y. Misc. LEXIS 3364

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 13, 1954

StatusPublished

Cited by1 cases

This text of 206 Misc. 172 (Oliver Williams, Inc. v. Nielsen) 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

Oliver Williams, Inc. v. Nielsen, 206 Misc. 172, 131 N.Y.S.2d 773, 1954 N.Y. Misc. LEXIS 3364 (N.Y. Ct. App. 1954).

Pincite

Opinion

Per Curiam.

The undisputed facts are that buyer and seller merely agreed as to price and down payment in this real estate transaction, but the amount, interest and amortization rate, and term of the mortgages covering the balance thereof were not even discussed at the time of defendant’s repudiation. Plaintiff may not recover agreed brokerage commissions on the theory of performance of its contract, in view of such essential terms of the sale having been left for future negotiation by the parties. There was no such meeting of the minds on all the necessary terms as is required to constitute a sale consummated by the broker’s efforts. Accordingly the complaint should have been dismissed.

The judgment should be reversed, with $30 costs and complaint dismissed, with costs.

Hammer, Hopstadteb and Edeb, JJ., concur.

Judgment reversed, etc.

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Per Curiam.

The undisputed facts are that buyer and seller merely agreed as to price and down payment in this real estate transaction, but the amount, interest and amortization rate, and term of the mortgages covering the balance thereof were not even discussed at the time of defendant’s repudiation. Plaintiff may not recover agreed brokerage commissions on the theory of performance of its contract, in view of such essential terms of the sale having been left for future negotiation by the parties. There was no such meeting of the minds on all the necessary terms as is required to constitute a sale consummated by the broker’s efforts. Accordingly the complaint should have been dismissed.

The judgment should be reversed, with $30 costs and complaint dismissed, with costs.

Hammer, Hopstadteb and Edeb, JJ., concur.

Judgment reversed, etc.

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Bluebook (online)

206 Misc. 172, 131 N.Y.S.2d 773, 1954 N.Y. Misc. LEXIS 3364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/oliver-williams-inc-v-nielsen-nyappterm-1954.

Opinion

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