O'Brien v. Newhouse

<p>Abstract of the Decision.</p> <p>1. Brokers, § 93*—when question whether broker procuring cause of renting premises for jury. In an action to recover a broker’s commission for negotiating the rental of property, the question whether plaintiff’s services was the procuring cause and the effective means of bringing about such renting of the property is a question of fact for the jury on all the evidence.</p> <p>2. Brokers, § 51*—what is effect on right to compensation of other broker being procuring cause of obtaining tenant. The fact that plaintiff, a broker, had formerly negotiated with a person in regard to such person’s taking a lease of defendant’s store does not warrant a claim for a commission by plaintiff for bringing about such lease, wheye it appears that such person was finally induced to take such lease through the efforts of another broker after plaintiff had for some time abandoned negotiations with such lessee in regard to his taking the lease.</p> <p>3. Brokers, § 37*—when broker not procuring cause of lease. Where a broker negotiates with a person to induce him to take a lease, which such person then refuses to do, upon which plaintiff abandons further negotiation with such person in regard to his taking such lease, such broker cannot be said to be the procuring cause of making the lease, so as to entitle him to recover a commission therefor, where such person later changes his mind and takes the lease, in the absence of evidence that plaintiff induced such person to change his mind with reference to taking such lease.</p> <p>4. Brokers, § 90*—when evidence sufficient to sustain finding that broker not procuring cause of lease. In an action to recover a broker’s commission for procuring a lease of defendant’s property, where plaintiff, a broker, negotiated in regard to such lease with a person who at first refused, and who, after plaintiff had abandoned such negotiations, changed his mind and took the lease, a finding that plaintiff did not procure or induce such person to take the lease held not manifestly against the weight of the evidence.</p> <p>5. Brokers, § 72*—when judgment properly entered on set-off in action for commissions. In an action to recover a broker’s commission for procuring a lease of defendant’s property, where defendant filed set-off, and the action was tried by ttie court, judgment for defendant on his set-off held not erroneous as ignoring the issues joined on plaintiff’s claim, where it appears that the trial court after hearing the issues raised both on plaintiff’s claim and defendant’s set-off, and overruling plaintiff’s motion for a finding in his favor, and finding that plaintiff was indebted to defendant entered the judgment complained of, for the reason that such action of the trial court was proper under section 47 of the Practice Act (J. & A. If 8584), providing that where it appears on the trial of an action that plaintiff is indebted to defendant, the jury shall find for defendant and shall certify to the court the amount so found, which shall enter judgment for defendant, and further, that where the cause is tried by the court, the finding in judgment shall be in like manner.</p>