Turner v. Putnam — 13 N.Y.S. 567

Majority

p. 567

Turner v. Putnam.

(City Court of Brooklyn, General Term.

February 24, 1891.)

Headnote

Real-Estate Broker—Action for Commissions—Evidence.

In an action for commissions for procuring a sale of real estate, evidence that defendant, knowing him to be a real-estate broker, employed plaintiff to sell certain premises, and that plaintiff brought the same to the attention of the purchasers, and brought them and defendant together, makes out a prima facie case for the jury.

Appeal from trial term.

Action by Nathan A. Turner against Henry W. Putnam to recover commissions for procuring a sale of defendant’s real estate. Prom a judgment dismissing the complaint the plaintiff appeals.

Argued before Clements, C. J., and Van Wyck, J.

A. W. Tenney, for appellant. Horace Graves, for respondent.

We have carefully read all the testimony in this case, and are satisfied plaintiff made out a prima face case for the jury. There is testimony which strongly tends to show that defendant, knowing him to be a real-estate broker, employed plaintiff to sell certain premises; that plaintiff brought the same to the attention of the purchasers, and brought them and the defendant together; and that defendant sold these parties the premises for the price he asked. Judgment reversed, and new trial ordered, with costs to abide the event.