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SOUTH BROOKLYN REALTY CO. v. CASPER IBA CONST. CO

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1908
128 App. Div. 895 (N.Y. App. Div. 1908)

Opinion

October, 1908.


The commission paid by the plaintiff to the broker for procuring the contract which was broken by the defendant should have been included in the plaintiff's damages, for the reason that the parties had provided by their contract for the payment of such commissions. The commission paid the broker for negotiating a resale in anticipation of the performance of the contract was properly excluded as being too remote, for the reason that the parties could not reasonably be deemed to have contemplated that element of damage Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. Woodward, Jenks, Hooker, Gaynor and Rich JJ., concurred.


Summaries of

SOUTH BROOKLYN REALTY CO. v. CASPER IBA CONST. CO

Appellate Division of the Supreme Court of New York, Second Department
Oct 1, 1908
128 App. Div. 895 (N.Y. App. Div. 1908)
Case details for

SOUTH BROOKLYN REALTY CO. v. CASPER IBA CONST. CO

Case Details

Full title:South Brooklyn Realty Company, Appellant, v. Casper Iba Construction…

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

Date published: Oct 1, 1908

Citations

128 App. Div. 895 (N.Y. App. Div. 1908)