Appellate Division of the Supreme Court of New York, 1915

Pett v. Batchelder

Pett v. Batchelder
Appellate Division of the Supreme Court of New York · Decided November 15, 1915
171 A.D. 900; 155 N.Y.S. 1134
Pett v. Batchelder

Opinion of the Court

Per Curiam:

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.

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