Gracie v. Stevens

4 Citing cases

  1. Shultz v. Manufacturers Traders Trust Co.

    40 F. Supp. 675 (W.D.N.Y. 1941)   Cited 9 times

    Under an arrangement where nothing is left to the judgment or discretion of the broker no such duty exists. Gracie v. Stevens, 56 App. Div. 203, 207, 67 N.Y.S. 688; Knauss v. Gottfried Krueger Brewing Co., 142 N.Y. 70, 36 N.E. 867. Under such a construction effect is given to all clauses of the option without doing violence to any. "That interpretation is favored which will make every part of a contract effective".

  2. Nowikas v. Cohen

    275 App. Div. 1059 (N.Y. App. Div. 1949)

    (Cf. Greenfield v. Bausch, 238 App. Div. 52, and Myerberg v. Webster, 269 App. Div. 65.) That question, however, should not be decided on the pleadings, since it may be established on trial that the contract pleaded was valid and enforcible, at least in part. (Cf. Gracie v. Stevens, 56 App. Div. 203, affd. 171 N.Y. 658, and Knauss v. Krueger Brewing Co., 142 N.Y. 70.)

  3. Myerberg v. Webster

    269 App. Div. 65 (N.Y. App. Div. 1945)   Cited 2 times

    Per Curiam. Although ordinarily a "finder", not vested with discretion in negotiating the terms of a contract, may accept compensation from each party ( Knauss v. K.B. Co., 142 N.Y. 70; Gracie v. Stevens, 56 App. Div. 203), we think the reason for that exception from the general rule of agency does not apply where the conditions under which the parties meet are known to influence the course of the negotiations. The plaintiff testified that Walt Disney Productions agreed to assume one half of the plaintiff's compensation in order to be placed in a superior position in negotiating the transaction to the detriment of Kidder, Peabody Co., by whom the plaintiff had been employed.

  4. Brady v. Richey Casey

    202 S.W. 170 (Tex. Civ. App. 1918)   Cited 5 times

    "The amount of compensation to which a real estate broker is entitled in the absence of a contract or usage fixing the rate, is to be determined by the end accomplished, and the time taken in procuring the sale [lease] is not the only thing to be considered." Gracie v. Stevens, 56 A.D. 203, 67 N.Y.S. 688. The case last mentioned is cited as authority in the note in Ann.Cas. 1912A, 1267, and also in 4 R.C.L. ยง 67, note 8.