Duryea v. Lester

Decided November 12, 1877

The Superior Court of New York City · decided 1877-11-12

The action was brought to recover commissions for effecting an exchange of personal property for real, estate. The evidence was conflicting as to the employment and as to plaintiffs being the procuring cause. The judge charged the jury that if they believed the testimony of the plaintiff, and upon that found that he was employed as a broker, and that Avhatever services he rendered, he rendered under such employment, then he would be entitled to recover a verdict of $2,580.50.

Decided 1877-11-12

Speir, J.,

¶1writing for affirmance, held that as there was no dispute, but that if plaintiff was entitled to recover at all, he was entitled to recover the amount for which the verdict was given, and as the question of the employment was submitted to the jury, and no request made to submit any other question of fact, there Avas no ground for the exception. He also held *566that the evidence as to employment was sufficient to sustain the verdict on that point.

¶2Sedgwick, J., concurred.

¶3Judgment and order affirmed with costs.