141 A. 766 | N.J. | 1928
As noted by the Supreme Court, the two grounds of appeal that were argued were the sixth and the seventh. That court discussed the sixth, but not the seventh, and it is pressed here. The gist of the point is this: That although the jury found the plaintiff broker had procured the loan which he was employed to procure, and the money was ready, conditioned only on the execution by the defendant *550
corporation of the usual "extension agreement," to be delivered with an assignment of the mortgage, nevertheless the court erred in letting the case go to the jury and allowing them to find for the plaintiff, because it appeared without dispute that the failure to execute that agreement was due to a cause over which the defendant had no control, viz., the attack of typhoid fever which laid the president low and prevented his signing the paper, wherefore the proposed assignee, after waiting several days, withdrew the money. We are unable to see any error in this; the broker had done his work and had his lender ready and willing; he could do no more. Logically, the case stands on the same footing as the class of cases in which it is held that the broker is not deprived of his commission under the ordinary contract of employment because it turns out that the title of his principal is defective, or even that he has no title at all. Sadler v.Young,
As to the sixth point, it is urged that there should have been a reversal and new trial because of the inclusion of interest in the verdict, and that Robinson v. Payne,
The judgment will be affirmed. *551 For affirmance — THE CHANCELLOR, TRENCHARD, PARKER, MINTURN, KALISCH, KATZENBACH, CAMPBELL, WHITE, VAN BUSKIRK, McGLENNON, KAYS, HETFIELD, DEAR, JJ. 13.
For reversal — None.