Lotz v. Levy

Full title: CHARLES LOTZ and JULIUS J. HERRIMAN, Respondents, v . SIMON LEVY, Appellant

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

Date published: Jun 7, 1907

120 App. Div. 477 (N.Y. App. Div. 1907)

104 N.Y.S. 1058

Opinion

June 7, 1907.

Isidor Cohn, for the appellant.

Harold H. Cohen, for the respondents.

GAYNOR, J.:

The letters between the parties do not show that the defendant employed the plaintiffs, or that they produced a purchaser. They could not require the defendant to come to New York to meet proposed purchasers; it was for them to produce a purchaser to him.

The judgment should be reversed.

WOODWARD, JENKS, HOOKER and RICH, JJ., concurred.

Judgment reversed and new trial granted, costs to abide the event.