We think the verdict of the jury that there was any enforeible 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 new trial, ordered, with costs to appellants to abide the event. Present — Ingraham P. J., McLaughlin, Laughlin, Clarke and Dowling, JJ.; Ingraham, P. J., and McLaughlin, J., concurred in the reversal of the judgment, but think the complaint should be dismissed. Judgment and order reversed, new trial ordered, costs to appellants to abide event.
Pett v. Batchelder
Court: Appellate Division of the Supreme Court of the State of New York
Date filed: 1915-11-15
Citations: 171 A.D. 900, 155 N.Y.S. 1134
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