87 N.Y.S. 649 | N.Y. App. Div. | 1904
The action is for brokers’ commissions for services in procuring a loan upon real estate. The parties agreed upon the facts. The
I think that the judgment must be affirmed upon the authority of Crasto v. White (52 Hun, 473). There is indicated in that case a plain distinction between a broker employed to procure a purchaser and one employed to procure a loan, and the reason stated in that opinion need not be quoted or recast by me.. The cases "cited by the learned counsel for the appellants, save one, involve contracts to procure a purchaser. The single exception is Gatling v. Central Spar Verein (67 App. Div. 50). In that case the liability of the defendant is expressly asserted to depend. upon the act or misfortune of the defendant in not consummating the transaction, and Crasto v. White (supra) is cited as an authority.
The judgment should be affirmed, with costs.
All concurred.
Judgment of the Municipal Court affirmed, with costs.