Senior v. Fitzgerald

Appellate Terms of the Supreme Court of New York

Senior v. Fitzgerald

119 N.Y.S. 745

Appellate Terms of the Supreme Court of New York·Decided November 30, 1909·Published

Opinion

PER CURIAM.

This action was brought to recover $390 for commissions alleged to have been earned in causing the sale of certain real estate. The undisputed evidence shows that $40,000 was the lowest price the plaintiff was authorized to sell the property for, and that $38,000 was the -best offer he obtained. The property was subsequently sold by a third party for the sum of $39,000. It follows that the plaintiff did not produce a party who was willing, ready, and able to-purchase the property at the owner's terms.

[746]*746The evidence adduced by the plaintiff was "insufficient to take this case out of the general rule of law applicable to cases of this kind.

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

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PER CURIAM.

This action was brought to recover $390 for commissions alleged to have been earned in causing the sale of certain real estate. The undisputed evidence shows that $40,000 was the lowest price the plaintiff was authorized to sell the property for, and that $38,000 was the -best offer he obtained. The property was subsequently sold by a third party for the sum of $39,000. It follows that the plaintiff did not produce a party who was willing, ready, and able to-purchase the property at the owner's terms.

[746]*746The evidence adduced by the plaintiff was "insufficient to take this case out of the general rule of law applicable to cases of this kind.

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

Senior v. Fitzgerald, 119 N.Y.S. 745 (N.Y. Ct. App. 1909).

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