Appellate Division of the Supreme Court of New York, 1925

Paige v. Powers

Paige v. Powers
Appellate Division of the Supreme Court of New York · Decided November 15, 1925
215 A.D. 721
Paige v. Powers

Opinion of the Court

Where two brokers are employed, the one effects the sale who brings the minds of the parties to meet. (Hobbs v. Edgar, 23 Misc. 618, 620; Smith v. McGovern, 65 N. Y. 574.) There is no evidence that plaintiff accomplished this, but there is evidence that broker Goldstein did. The verdict of the jury is, therefore, against the weight of the evidence, and the judgment and order are reversed on the law and the facts, and a new trial granted, with costs to abide the event. Kelly, P. J., Rich, Kelby, Young and Kapper, JJ., concur.

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