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120 A.D. 593

Denton v. Abrams

Appellate Division of the Supreme Court of the State of New York · decided 1907-06-21

Appeal by the plaintiff, Harry Denton, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of ¡Nassau on the 9th day of June, 1906, ■ upon the dismissal .of the complaint by direction of the court at the close of the plaintiff’s: case upon a trial at the ¡Nassau Trial Term. The action was to recover a commission for the sale, of real estate.

Good law ✅— No negative treatment on recordhow we know

Decided 1907-06-21

How this case has been cited

Cited by 7 later decisions — most recently April 1966

6 state decisions

401907191019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hooker, J.' (dissenting):

¶1The plaintiff was a real estate broker and went to defendant and asked him if his property was for sale, as he thought he knew a customer who might buy it. • Defendant told, his price and plaintiff said he would bring around the customer as "soon as possible. Defendant said, “ Go ahead.” Plaintiff brought him around, the sale was consummated in every way, the plaintiff was the procuring cause, and there is no dispute as to the reasonable commissions. Against the defendant’s wish, the court granted a nonsuit. I agree with the counsel who tried the case for the parties, and disagree with the learned court. There was a contract of employment. Plaintiff, a real estate broker, asked the owner if his property was for sale, said he knew a customer and when advised the property was in the market- and what price was wanted, said he would bring the customer, and the defendant accepted this offer to enter into a contract of employment "by his words, “ Go ahead.”

¶2The judgment should be reversed.

¶3Judgment affirmed, with costs.

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