FINKELSTEIN v. KESALP REALTY CORP.


279 A.D. 939 (1952)

Elliott J. Finkelstein, Respondent, v. Kesalp Realty Corp. et al., Defendants, and William I. Alpert et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 31, 1952.


Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs.

Assuming that the complaint states a cause of action against the seller for commissions earned, agents who, acting within the scope of their authority, induce the principal to breach a contract are not liable in damages to the other party to the contract. (Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317.) We construe the allegation that appellants...

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