2 Hilt. 133 | New York Court of Common Pleas | 1858
The plaintiff was employed by the defendants, as a broker, to sell segars, of which the defendants had a million on hand—the defendants agreeing to give him one and a half per cent, commission on sales. The plaintiff took samples, but effected no sales—telling the defendants, some time after, that other houses gave him more brokerage, and that, therefore, he gave them the preference. The defendants then agreed to give him 25 cents per thousand brokerage. No limit as to ¡Drice was fixed by the defendants, which left it optional with them to accept or reject such offers as he might bring them. He brought them an offer for the segars, from Ruhl, Von Keller & Co., of $3.00 a thousand cash, or $3.50 on their note at six months, which the defendants declined, telling him that they would not take less than $3.80 a thousand cash. A limit or price having now been fixed, their contract with the plaintiff, as a broker, amounted to an engagement to pay him 25 cents a thousand for effecting sales at $3.80 a thousand. It was a special contract, and unless the plaintiff, according to the terms of it, effected a sale at $3.80 a thousand, he could maintain no action upon it against the defendants. The plaintiff then procured another offer front Ruhl, Yon Keller & Co. of $3.50 cash; but, before he had communicated it to the defendants, another broker, having heard, in the market, that the defendants had the segars for sale, and having seen Ruhl, Yon Keller & Co., went, with an offer from them of $3.37 cash, to the defendants, for the entire lot, which the defendants accepted, paying this broker a commission of 12-J- cents upon the thousand.
Judgment reversed.