133 N.Y.S. 528 | N.Y. App. Div. | 1912
This is an action on an assigned claim of one White, a real estate broker, for commissions, on the sale of real estate owned by the defendant Fuchs. The employment of plaintiff’s assignor was by the appellant Poerschke. There is no evidence that he was authorized by the owner to employ the broker, or
The judgment and order appealed from, therefore, as to the -defendant Poerschke, should he affirmed, with costs to the respondent. For the reasons already assigned, however, the judgment and order must he reversed as to the appellant Fuchs -and a mew trial granted, with costs to her to abide the-event.
Ingraham, P. J., McLaughlin, Clarke and 'Scott, JL, concurred.
As to defendant Poerschke 'judgment affirmed, with costs. As to -defendant Fuchs judgment and -order reversed and new trial ordered, with -costs to her to abide -event., -Order to be settled on notice. ••