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

Appellate Terms of the Supreme Court of New York·Decided April 2, 1962·Published·Cited by 1 cases

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

38 Misc. 2d 621 (Stevens v. Gibbons) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related