WAGNER v. DERECKTOR


280 A.D. 661 (1952)

Isac Wagner et al., Respondents, v. Samuel Derecktor, Appellant

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

November 12, 1952.


Attorney(s) appearing for the Case

Menahem Stim of counsel (Allen S. Stim with him on the brief; Curran & Stim, attorneys), for appellant.

George J. Malinsky of counsel (Jacob D. Fuchsberg with him on the brief; Cohen & Fuchsberg, attorneys), for respondents.

DORE, CALLAHAN and VAN VOORHIS, JJ., concur in Per Curiam opinion; PECK, P. J., and BREITEL, J., dissent, in opinion.


Per Curiam.

Defendant appeals from a judgment obtained against him for brokerage commissions. One question is whether the relationship between plaintiffs and defendant was that of joint adventurers, or of employer and broker on a commission basis. A related question is whether, even in the latter event, defendant agreed to pay commissions to plaintiffs unless the contract of sale was performed.

Defendant contracted...

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