Pett v. Batchelder — 155 N.Y.S. 1134

Majority

p. 1134

PETT, Respondent, v. BATCHELDER et al., Appellants.

(Supreme Court, Appellate Division, First Department.

November 26, 1915.)

Headnote

Appeal from Trial Term, New York County. Action by Samuel Pett against William Van Zandt Batchelder and another. From a judgment entered on the verdict of a jury, and from an order denying a motion for a new trial, defendants appeal. Reversed, and new trial ordered.

Robert K. Prentice, of New York City, for appellants.

Maxwell Slade, of New York City, for respondent.

We think the verdict of the jury that there was an enforceable contract to pay the plaintiff a commission by the defendant on the purchase of this property was against the weight of evidence. The finding of the jury that such a contract existed should therefore be reversed, the .judgment and order appealed from reversed, and a new trial ordered, with costs to appellants to abide the event. Order filed.

INGRAHAM, P. J., and McLAUGHLIN, J., concur in the reversal of the judgment, but think the complaint should be dismissed.