North Sea Developments, Inc. v. Burnett
| Decision Date | 24 October 1930 |
| Citation | 254 N.Y. 374,173 N.E. 228 |
| Parties | NORTH SEA DEVELOPMENTS, Inc., v. BURNETT. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by the North Sea Developments, Inc., against Egbert L. Burnett. From a judgment upon an order of the Appellate Division of the Supreme Court (228 App. Div. 444, 239 N. Y. S. 634), which reversed an order of Special Term denying a motion by plaintiff for summary judgment but granting partial judgment, and granted the motion for summary judgment, defendant appeals.
Judgments of Appellate Division and of Special Term reversed, and plaintiff's motion for summary judgment denied.
Appeal from Supreme Court, Appellate Division, Second department.
Reginald Condon Smith and Robert P. Griffing, for appellant.
Joseph H. Inness, for respondent.
The record presents a question of fact whether before the broker had earned any commissions he agreed that his compensation should be 5 per cent. on payments as made on the contract and 5 per cent. on the amount of the mortgage when title passes. Title to the property has never passed, and the broker has received 5 per cent. commissions on all payments made.
The bid made at the judicial sale was not a payment made under the contract.
The judgment of the Appellate Division and that of the Special Term should be reversed and the plaintiff's motion for summary judgment denied, with costs in this court and in the Appellate Division and $10 costs of motion.
CRANE, J., not sitting.
Judgment accordingly.
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Dallas Dome Wyoming Oil Fields Co. v. Brooder
... ... 332; Roach v ... McDonald, 187 Ala. 64, 65 So. 823; North Sea ... Development Co. v. Burnett, 254 N.Y. 374, 173 N.E. 228; ... Fitchette, 100 Minn. 145, 110 N.W ... 851; Segal v. Hughes, Inc., 96 F.2d 208. If that is ... true, it must be equally true when a ... ...
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Amies v. Wesnofske
...due, or whether the commission is dependent upon the passingof title is generally a question of fact. North Sea Developments, Inc., v. Burnett, 254 N. Y. 374, 173 N. E. 228. Ordinarily, a broker is entitled to his commission when the parties have agreed upon terms and executed the contract ......
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