Ames v. McNally

Citations

• 26 N.Y.S. 7
• 6 Misc. 93
• 55 N.Y. St. Rep. 402

Syllabus

<p>Factors and Brokers—Right to Commissions—Province op Jury.</p> <p>In an action for broker’s commission on sale of real property, it appeared that plaintiffs found a purchaser, who hesitated, however, to- accept the price named; that plaintiffs brought the defendant and the purchaser together, and they concluded a sale for virtually the sum offered through the plaintiffs; that the defendant claimed to have withdrawn the property and discharged the plaintiffs, but. whether he did so, and whether, if he did, it was in good faith, or to defraud plaintiffs of their commission, was doubtful on the evidence. Held, that the case should have been submitted to the jury.</p> <p>(Syllabus by the Court.)</p>