Stevens v. Gibbons

Appellate Terms of the Supreme Court of New York

Stevens v. Gibbons

38 Misc. 2d 621, 240 N.Y.S.2d 43, 1962 N.Y. Misc. LEXIS 3587

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 2, 1962

StatusPublished

Cited by1 cases

This text of 38 Misc. 2d 621 (Stevens v. Gibbons) 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

Stevens v. Gibbons, 38 Misc. 2d 621, 240 N.Y.S.2d 43, 1962 N.Y. Misc. LEXIS 3587 (N.Y. Ct. App. 1962).

Pincite

Opinion

Per Curiam.

In this action for brokerage commissions, the contract of sale permitted either party to withdraw from the transaction if the purchaser did not obtain a mortgage commitment for an agreed amount on or before a stated date. Upon the purchaser’s failure to procure such a commitment within the agreed time the seller cancelled the contract. In these circumstances, plaintiff broker is not entitled to any commission.

The judgment should be unanimously reversed, with $30 costs to defendants and complaint dismissed with appropriate costs in the court below.

Concur — Hart, Di Giovanna and Brown, JJ.

Judgment reversed, etc.

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