51 Misc. 13 | N.Y. App. Term. | 1906
The plaintiff in this action recovered a judgment for $300 alleged by him to have been earned as commissions for services as a broker in selling some property owned by the defendant. The plaintiff’s version, which the jury evidently believed, is that he asked the defendant to fix a price upon two pieces of property owned by him and being Hos. 216 and 23 8 East Hinety-ninth street. .Defend
“ Bessiv from Ike Portman one hundred ($100) dolars as deposit for bisniss transaction for seling 2 hoses loketet at 216—218 E. 99 st. for the sum of $46,600 fortie six'tosan <1 and six hondered 1st morg $26000. 5$ 2nd morgit $11,500 6# as the oner garanteet with the mortgetsey lot 50 x 100—11 more or lest. Contract to be dost at 15 day of April 1904 at 309 Brodway morgits 216 standing 4 years 218 standing for 3 yers and the oner agrees to except $8,000 cash and balans mts vil be agreed by contract.
“Ike Pobtmax." "Wole Hadlee."
At the time the foregoing was signed, the defendant gave to the plaintiff a writing agreeing to pay him $300 commission “ to sell propatie” at the date of closing contract “ at April 15 dav 1904.” Hpon April fifteenth, the day fixed for the making of the final contract, the parties appeared together with one Weiner, the secretary of the Penn ¡Realty Company/for which company it appears that Portman was in some way acting, and one Bach, the attorney for the defendant. There is a conflict of testimony as to what took place at this meeting; the plaintiff’s contention being that a contract was being drawn, dictated by the defendant, when the attorney for the ¡Realty Company, said to defendant, “You have dictated the. contract saying
The judgment must be reversed and a new trial ordered with costs to the appellant to abide the event.
Levehtbitt and McCall, JJ., concur.
Judgment reversed and new trial ordered with costs to appellant to abide event.