100 N.Y.S. 881 | N.Y. App. Div. | 1906
. Plaintiff sues to recover the sum of $4,500 which, as he alleges,' was agreed to be paid to him by defendant for procuring the execution of an agreement by the Central Bealty Bond and Trust Company to purchase a parcel of real estate in. the city of New York and to erect thereon a hotel and after completion to convey the property to' defendant dr to a company to be organized by him. The facts are undisputed. The evidence shows that in March, 1901, the defendant desired to find capital to purchase a plot of land on the northwest corner of Park avenue and Forty-first street in the city of New York, and to erect thereon a twelve-story hotel, and he employed plaintiff to find some one who woúld advance the amount. requisite, which was estimated at $900,000. Plaintiff opened negotiations in this behalf with the Central Bealty Bond and Trust Company, a corporation which agreed to make the
The judgment and order should be reversed and a new trial ■ ordered, with costs to plaintiff, appellant, to abide the event.
Patterson, Ingraham, Laughlin and Houghton, JJ., concurred.
Judgment reversed, new trial ordered, costs to plaintiff, appellant, to abide event.