Marin v. Mitchell
Marin v. Mitchell
Opinion of the Court
This is an appeal from a judgment of $1,775.52 in favor of the plaintiff and against the defendant at the Hudson County Circuit Court in an action to recover broker’s commissions for procuring a buyer of lease held by the defendant on certain garage premises. The appeal relates solely to the admission of questions in the examination of William Schaefer.
It was in evidence, without objection, that Schaefer was employed by the defendant as manager in full charge of the garage, which was the subject-matter of the lease and the suit, and that the plaintiff came to the garage with Mindlin, the subsequent purchaser of the lease, and that the plaintiff came into the office and asked permission to go through the garage; that the witness knew wliat plaintiff wanted. Thereupon the witness was asked what it was that Marin wanted, and the question was objected to upon the ground that it
We do not find in the questions any intent to bind the defendant by the act or word of the witness as an agent, nor do we find in the answers any such effect. The plaintiff had been authorized directly by the defendant in writing to sublet, on defendant’s behalf, the garage premises. Subsequently the defendant conveyed the lease to Mindlin, the gentleman whom the plaintiff showed the premises to. A disputed question was whether the plaintiff had been the effective agent in the transaction, and the testimony was incidental to the proof of what the plaintiff had actually done toward accomplishing the sale. The purport of the testimony was that the plaintiff had taken Mindlin for the purpose of showing him the premises, and in this respect it was cumulative and corroborative of other evidence in the case.
The judgment below will be affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.