Pease & Elliman, Inc. v. Hopt

Appellate Terms of the Supreme Court of New York

Pease & Elliman, Inc. v. Hopt

136 Misc. 825, 242 N.Y.S. 180, 1930 N.Y. Misc. LEXIS 1279

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 8, 1930

StatusPublished

Cited by1 cases

This text of 136 Misc. 825 (Pease & Elliman, Inc. v. Hopt) 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

Pease & Elliman, Inc. v. Hopt, 136 Misc. 825, 242 N.Y.S. 180, 1930 N.Y. Misc. LEXIS 1279 (N.Y. Ct. App. 1930).

Pincite

Opinion

Per Curiam.

The plaintiff broker had substantially performed his duty when the conclusion of the transaction was deliberately prevented by defendant’s refusal to proceed.

The risks of failure assumed by a broker, as enumerated in the leading case of Sibbald v. Bethlehem Iron Co. (83 N. Y. 378, 383, 384), do not include bad faith on the part of the employer.

Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff for the amount demanded in the complaint, with costs.

All concur; present, Bijur, Callahan and Peters, JJ.

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