25 N.Y.S. 1113 | City of New York Municipal Court | 1893
The evidence is amply sufficient to have justified the jury in finding that in June, 1892, the plaintiff, a real estate broker, was requested by one Stocom, the owner of a house in process of construction, to seek for him a purchaser of the same when fully built; that the plaintiff immediately called upon defendant, with whom he had previously dealt in real estate transactions, both as his broker in selling and as the broker of the seller of property to him, and brought to his attention the fact that Stocom’s house was for-sale at the asking price of $43,000, when completely finished, but possibly could be purchased for $42,500; that plaintiff took defendant with him to look at the house, and together they fully examined same; that at this stage of the transaction defendant requested plaintiff to apparently disappear from all further negotiations in the matter, as shown by plaintiff’s testimony, where he states that defendant said to him : “You know that you are my broker and you know very well that I am not buying without you, and I am not selling without you; I think I can do better myself with Mr. Stocom, and when I will buy myself I will pay you the commission in full. You keep away; don’t talk with Mr. Stocom at all; ” that thereupon plaintiff ceased
McCarthy, J., concurred.
Judgment and order affirmed, with costs.