Fish v. Hodsdon — 40 N.Y. St. Rep. 869

Majority

p. 869

Ferdinand Fish, App’lt, v. William Hodsdon, Resp’t.

(City Court of New York, General Term,

Filed October 29, 1891.)

Headnote

Brokers—Commissions.

Plaintiff was employed as real estate agent for defendant under several powers of attorney, authorizing him to take charge of certain property, negotiate for their letting, prepare leases and collect rents, for which he was to receive a commission of five per cent. Held, that such compensation was for all services rendered under such power of attorney, and that plaintiff could not recover extra compensation for leasing the property.

Appeal from judgment in favor of defendant, entered on verdict directed by the court.

Frederick Littlefield, for app’lt; F. G. Wild and George McAdam, for resp’t.

This action is brought to recover commissions of (2£) two and one-half per cent for leasing certain real estate belonging to the defendant. The defendant in his answer, among other things, pleads payment.

It appears that the plaintiff acted as real estate agent for the defendant from February, 1885, to April, 1888, under several powers of attorney, which authorized him to take charge of and assume general management of Nos. 85, 87 and 89 Broad street, and to negotiate for the leasing of the stores and rooms in said buildings, to prepare the necessary leases, and to collect the rents, for which services he was to receive a commission of five per cent.

p. 870

In 1887 defendant bought the property No. 125 Chambers street, and the plaintiff was employed to collect the rents of the premises.

.In pursuance of such employment, plaintiff let the premises, collected the rents and duly accounted for the moneys so collected, and deducted the commission of five per cent for collections, and no deduction was ever made for any commissions for the letting of the premises.

At the close of the evidence a verdict was directed in favor of .the defendant, to which an exception was duly taken.

The verdict was properly directed.

The two powers of attorney under which the plaintiff acted not only provided for the collection of the rent, but also for the letting of the premises, and the drawing of the necessary leases, for which services he was to receive five per cent.

The compensation was not only for the collection of the rents, but for all the services plaintiff rendered under such power of attorney.

As to the Chambers street property, plaintiff admitted that he acted upon the same terms as to the Broad street property.

There being no conflict of evidence, the direction by the trial justice was proper.

Judgment affirmed, with costs.

Ehrlich, Oh. J., concurs.