Appellate Division of the Supreme Court of New York, 1921

Polo v. Scheidt

Polo v. Scheidt
Appellate Division of the Supreme Court of New York · Decided January 15, 1921
195 A.D. 903
Polo v. Scheidt

Opinion of the Court

Judgment *904reversed and new trial granted, with costs to abide the event. At the close of plaintiff’s ease the evidence showed a hiring of the plaintiff as broker, the procuring of a purchaser who finally agreed on terms with defendant, that defendant called in his lawyer to prepare the contract, that the lawyer suggested that as a commission was to be paid the. purchase price should be raised so that the purchaser should really pay the commission and that defendant then insisted on increasing his price. Wé think plaintiff made out a prima fade case, and that it was error to nonsuit. Having procured a purchaser who agreed to defendant’s terms the defendant had no right arbitrarily to refuse to carry out his agreement. (Fuller v. Bradley Contracting Co., 183 App. Div. 6; affd., 229 N. Y. 605.) Mills, Rich, Putnam, Kelly and Jaycox, JJ., concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.