65 N.Y.S. 638 | N.Y. App. Div. | 1900
This action was brought to recover $110 claimed to be due to the-plaintiffs as commissions for procuring a purchaser for certain real estate owned by the defendant at Richmond Hill, Queens county. The trial resulted in a judgment against the defendant for the amount claimed, with costs of the action, and from that judgment the defendant appeals to this court.
The appellant urges that it was error to admit in evidence certain correspondence between the plaintiffs and the defendant’s husband in reference to the sale of this property on the ground that it was not shown that defendant’s husband was authorized to act as lier agent in the employment of the plaintiffs and that his letters could not bind the defendant. -In the view we take of this case it is not. necessary to decide the point, for, if it be admitted that the defendant’s husband was authorized to act in her behalf (and the only, evidence of such agency is found in the fact that he signed a contract of sale as attorney for his wife, who subsequently executed a deed in pursuance of this contract), there is no evidence in the case which justifies a finding that defendant’s husband ever employed the plaintiffs or that they were ever recognized in the transaction, or that they were the procuring cause of the sale on which commissions are claimed. The letters show that on the 27th day of June,. 1899, the plaintiffs wrote to defendant’s husband asking if he still owned the plot of ground at Richmond Hill, and, if he did, what was his best cash price. It was stated in this letter : “We have a party looking around in that direction and may be able to do some business with him later on.’-’ To this letter Mr. Hoschke replied r “ I would say that values at Richmond Hill are quoted to me at. such varying figures that I am not in a position to suggest at what price I would let my holdings go.” After stating the dimensions of the property, the letter continues: “ If you have at any time any
The judgment appealed from should be reversed and a new trial, ordered, with costs.
All concurred.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event.