Miller v. Irish

Headnote

Appeal from a judgment in favor of the defendants entered upon the verdict of a jury, and from an order denying a motion for a new trial made upon the judge’s minutes.

The action was brought to recover the value of services rendered by the plaintiff, as broker, in effecting the sale of certain real estate for the defendants. Upon the trial evidence was given tending to

show that the plaintiff was acting in the interests of the buyers, to which the plaintiff objected on the ground that the evidence related to occurrences subsequent to the completion of his contract as broker. The General Term held, that as both the fact of the plaintiff’s employment, and the extent of such employment, if any, were put in issue by the defendants, the evidence was proper to go to the jury.