Opinion
Argued June 14, 1928
Decided July 19, 1928
Appeal from the Supreme Court, Appellate Division, Second Department.
John J. Crawford and Almon C. Kellogg for appellant.
Milton Hertz and I. Maurice Wormser for respondent.
Judgment affirmed, with costs. Held, that the apparent authority of the president of the corporation to employ a broker to sell real property is not dependent upon the existence of authority on his part to enter into a binding contract for the sale thereof.
Concur: CARDOZO, Ch. J., POUND, CRANE, ANDREWS, LEHMAN, KELLOGG and O'BRIEN, JJ.