Appellate Terms of the Supreme Court of New York, 1930

Pease & Elliman, Inc. v. Hopt

Pease & Elliman, Inc. v. Hopt
Appellate Terms of the Supreme Court of New York · Decided May 8, 1930
136 Misc. 825; 242 N.Y.S. 180; 1930 N.Y. Misc. LEXIS 1279

Counsel

Goodspeed & Post, for the appellant., Montgomery, Peabody & Grace, for the respondent.

Pease & Elliman, Inc. v. Hopt

Opinion of the Court

Per Curiam.

The plaintiff broker had substantially performed his duty when the conclusion of the transaction was deliberately prevented by defendant’s refusal to proceed.

The risks of failure assumed by a broker, as enumerated in the leading case of Sibbald v. Bethlehem Iron Co. (83 N. Y. 378, 383, 384), do not include bad faith on the part of the employer.

Judgment reversed, with thirty dollars costs, and judgment directed in favor of plaintiff for the amount demanded in the complaint, with costs.

All concur; present, Bijur, Callahan and Peters, JJ.

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