Bendell v. Fisher — 246 N.Y. 614

Majority

p. 614

Robert S. Bendell, Appellant, v. Lew Fisher, Respondent.

Headnote

Principal and agent — commissions — action by real estate broker to recover commissions from purchaser of property —failure of proof that plaintiff had produced person able and wiUing to sell.

Bendell v. Fisher, 219 App. Div. 498 , affirmed.

(Argued October 26, 1927;

decided November 22, 1927.)

Appeal from a judgment, entered March 9, 1927, upon an order of the Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover

p. 615

a broker’s commission on the purchase of real property. The Appellate Division held that the evidence showed that plaintiff had failed to produce any person able and willing to sell the property involved.

Coplin Yaras for appellant.

Spencer B. Eddy and Wyman S. Bascom for respondent.

Judgment affirmed, with costs; no opinion.

Concur: Cardozo, Ch. J., Pound, Crane, Andrews, Lehman, Kellogg and O’Brien, JJ.