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Kuntze v. Pragnell

144 N.Y.S. 1124 Court N.Y. App. Term Decision date 1913-12-30 English

Delivered by SEABURY, J.

Contents

Majority

p. 1124
KUNTZE v. PRAGNELL.
(Supreme Court, Appellate Term, First Department.
December 30, 1913.)

Headnote

Appeal from Municipal Court, Borough of Manhattan, First District. Action by Charles Kuntze against Agnes M. Pragnell. From a judgment for plaintiff, defendant appeals. Reversed, and new trial ordered.
Joseph Fennelly, of New York City, for appellant.
Robert S. Patterson, of New York City, for respondent.

The plaintiff sues to recover commissions alleged to have been earned as a broker. The plaintiff claims that he was employed to secure a person willing to exchange property which he owned for property which he claims the defendant described to him. It does not appear that the defendant owned the property to be exchanged, or that she sustained any relation to it other than that of broker. Moreover, the proof does not show that the plaintiff procured a person willing to make the exchange upon the terms that the defendant specified. The evidence is vague and general, and fails to establish in .any satisfactory manner that the plaintiff was authorized to act as broker, or that he performed services entitling him to recover. Judgment reversed, and new trial ordered, with costs to the appellant to abide the event. All concur.