Poritz v. Sunshine

Appellate Terms of the Supreme Court of New York

Poritz v. Sunshine

125 Misc. 837, 211 N.Y.S. 493, 1925 N.Y. Misc. LEXIS 947

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 9, 1925

StatusPublished

Cited by1 cases

This text of 125 Misc. 837 (Poritz v. Sunshine) 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

Poritz v. Sunshine, 125 Misc. 837, 211 N.Y.S. 493, 1925 N.Y. Misc. LEXIS 947 (N.Y. Ct. App. 1925).

Pincite

Opinion

Per Curiam:.

Judgment unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant, for the determination of the amount of commission only.

It is undisputed that defendant authorized the plaintiff to find a customer for bis store and that defendant knew that plaintiff would ask for a commission, although defendant claims there was no talk about a commission. That plaintiff induced Grill to consider the purchase of the store is undisputed. The fact that plaintiff did not participate in the negotiations makes no difference; nor is the right to commission affected by the fact that the defendant, as he claims, did not know that plaintiff sent Grill to him. (Metcalfe v. Gordon, 86 App. Div. 368, and cases cited.) There is, therefore, no controverted question of fact except the amount of commission.

Present: Cropsey, Lazansky and MacCrate, JJ.

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Per Curiam:.

Judgment unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant, for the determination of the amount of commission only.

It is undisputed that defendant authorized the plaintiff to find a customer for bis store and that defendant knew that plaintiff would ask for a commission, although defendant claims there was no talk about a commission. That plaintiff induced Grill to consider the purchase of the store is undisputed. The fact that plaintiff did not participate in the negotiations makes no difference; nor is the right to commission affected by the fact that the defendant, as he claims, did not know that plaintiff sent Grill to him. (Metcalfe v. Gordon, 86 App. Div. 368, and cases cited.) There is, therefore, no controverted question of fact except the amount of commission.

Present: Cropsey, Lazansky and MacCrate, JJ.

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Bluebook (online)

125 Misc. 837, 211 N.Y.S. 493, 1925 N.Y. Misc. LEXIS 947, Counsel Stack Legal Research, https://law.counselstack.com/opinion/poritz-v-sunshine-nyappterm-1925.

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