Hyperlawhypertext legal database Kyle v. Horbert 122 N.Y.S. 204

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Kyle v. Horbert

122 N.Y.S. 204 Court N.Y. App. Term Decision date 1910-04-08 English

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p. 204
KYLE et al. v. HORBERT.
(Supreme Court, Appellate Term.
April 8, 1910.)

Headnote

Principal and Agent (§ 132[1] )—Disclosed Principal—Liability.
Where an agent acts as such for a disclosed principal in employing brokers to sell land, the principal, and not the agent, is liable for the brokers’ commissions.
[Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. §§ 467-471; Dec. Dig. § 132.[1] ]
p. 205
Appeal from Municipal Court, Borough of Manhattan, Seventh District.
Action by John H. Kyle and another, composing the firm of James Kyle & Sons, against Margaret Horbert. Judgment for plaintiffs, and defendant appeals.
Reversed, and new trial ordered.
Argued before SEABURY, LEHMAN, and GAVEGAN, JJ.
Maurice B. & Daniel W. Blumenthal, for appellant.
Campbell & Moore, for respondents.

This action was brought to recover commissions for procuring a purchaser ready, willing, and able to buy certain real property at the request of the defendant. The evidence establishes that the defendant was acting as agent for a disclosed principal. The principal, and not the agent, is therefore liable for the commissions ■alleged to have been earned.

Judgment reversed, and a new-trial ordered,'with costs to the appellant to abide the event.