¶1It does not appear that the plaintiff was the procuring cause of the sale to Fursey. The fact that he overheard plaintiff telling a third person that the property had been sold to one Murphy at a certain sum, and. after the sale to Murphy had fallen through, bought it himself, is not sufficient evidence to show that plaintiff was the procuring cause, especially in view of the further fact that he was well acquainted with the defendants, and had previously learned from them that the property was for sale. Goldsmith v. Cook (Com. Pl. N. Y.) 14 N. Y. Supp. 878. The answer sets up a good general denial, Griffin v. Railroad Co., 101 N. Y. 348, 4 N. E. 740. Judgment affirmed, with costs.
34 N.Y.S. 1143
McCarty v. Tracey
New York Court of Common Pleas
Decided June 3, 1895
New York Court of Common Pleas · decided 1895-06-03
<p>Action by James E. McCarty against William Tracey and others for broker’s commissions.</p>
Relies on Griffin v. . Long Island Railroad Co.
Decided 1895-06-03