Sampson v. Graves — 239 N.Y. 592

Majority

p. 592

Arch R. Sampson, Respondent, v. Nelson Z. Graves, Appellant.

Headnote

Contract — commissions — action to recover broker’s commissions.

Sampson v. Graves, 207 App. Div. 894 , affirmed.

(Argued December 2, 1924;

decided December 16, 1924.)

Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered December 18, 1923, unanimously affirming a judgment in favor of plaintiff entered upon a verdict. The action was to recover broker’s commis

p. 593

sions for procuring financial assistance for defendant. The first cause of action alleged an express contract to pay ten per cent of the amount procured up to $500,000. The second cause of action was on quantum meruit to recover the reasonable value of services of plaintiff in procuring additional amounts.

Lindley M. Garrison and Charles A. Boston for appellant.

Spotswood D. Bowers and Stewart W. Bowers for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Pound, Crane, Andrews and Lehman, JJ. Absent: Hiscock, Ch. J., and McLaughlin, J.