Hyperlawhypertext legal database Clarkson v. Howard 61 N.Y. Super. Ct. 456

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Clarkson v. Howard

61 N.Y. Super. Ct. 456 29 Jones & S. 456 Court N.Y. Super. Ct. Decision date 1892-07-05 English

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p. 456
THOMAS S. CLARKSON, et al., Appellants v. FREDERICK S. HOWARD, Respondent.

Headnote

Broker's Commission—Where several brokers are endeavoring to sell the same property, the one effecting the sale only is entitled to the commission. The mere fact that one of the unsuccessful brokers first introduced the principals does not establish his right to recover. Alden v. Earle, 56 Super. Ct. Hep., 366 121 N. Y. 688 , followed.
Before Freedman, P. J., Dugro and Gildersleeve, J J.
Decided July 5, 1892.
Appeal by plaintiffs from judgment entered upon a verdict directed by the court in favor of defendant. The action was brought' to recover broker’s commissions for selling defendant’s house. It was established on the trial that the sale was effected to the same proposed purchaser by another broker.
Ogden, Beekman & Ogden, for appellants.
Cannon & Atwater, for respondent.

as stated in head note. Judgment affirmed, with costs.

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