23 N.Y.S. 1033 | City of New York Municipal Court | 1893
The plaintiff and defendant are real estate brokers. The plaintiff, as broker, had for sale premises 14 Stanton street. He showed said premises to defendant and requested him to purchase the same. Defendant refused, but said that he had a customer who might do so. It was then agreed that if such was done that the commissions should be divided. Defendant did induce a customer to purchase the premises mentioned. Such purchaser was introduced to the seller by defendant, and plaintiff even did not know of the intended purchaser until just about the time the contract of sale was signed. He certainly did nothing to effect the sale beyond showing the premises to defendant as before stated. Plaintiff commenced an action against the owner of said premises for the commission due the broker who made the sale, claiming that he accomplished the sale. Defendant did likewise make a like claim against the owner, who desiring to avoid possibly the payment of both claims had the present defendant interpleaded as defendant. The jury evidently believed plaintiff’s version of the transaction in question and their finding of the facts is conclusive so far as we are con
Therefore, the judgment rendered must be affirmed, with costs.
Van Wyok, J., concurs.
Judgment affirmed.