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Loan v. Myers

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1946
271 App. Div. 848 (N.Y. App. Div. 1946)

Opinion

November 13, 1946.


The evidence sufficiently supports the verdict. The recovery was for plaintiff's commissions earned in his employment by defendant as a licensed broker to produce a buyer for his residence property. The evidence sustains a finding that plaintiff produced a buyer ready, able, and willing to buy upon price and terms satisfactory to defendant. The fact that the parties agreed that the date of closing and delivery of possession would be when defendant had found another satisfactory place of abode was a sufficient meeting of their minds upon that feature of the terms of sale, to render the broker's commissions earned, such event having occurred within a reasonable time after the arrangement was made. Judgment and order affirmed, with costs. Heffernan, Brewster, Foster and Lawrence, JJ., concur; Hill, P.J., dissents, and votes to reverse and for a new trial.


Summaries of

Loan v. Myers

Appellate Division of the Supreme Court of New York, Third Department
Nov 13, 1946
271 App. Div. 848 (N.Y. App. Div. 1946)
Case details for

Loan v. Myers

Case Details

Full title:KENNETH W. VAN LOAN, Respondent, v. FRANCIS S. MYERS, Appellant

Court:Appellate Division of the Supreme Court of New York, Third Department

Date published: Nov 13, 1946

Citations

271 App. Div. 848 (N.Y. App. Div. 1946)