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DOUGLAS REAL ESTATE v. MONTGOMERY WARD

4 N.Y.2d 33 (1958)

Douglas Real Estate Management Corp., Appellant, v. Montgomery Ward & Co., Incorporated, Respondent.

Court of Appeals of the State of New York.

Decided February 28, 1958.

Attorney(s) appearing for the Case

John T. De Graff and John T. De Graff, Jr., for appellant.

David L. Dickson and Charles B. Sullivan for defendant.

Judges DESMOND, DYE and VAN VOORHIS concur with Judge FULD; Chief Judge CONWAY and Judges FROESSEL and BURKE dissent and vote to reverse and to reinstate the judgment of Special Term for the reasons stated in the dissenting opinion of the Appellate Division.

FULD, J.

In this suit by plaintiff Douglas Real Estate Management Corporation for commissions, the sole issue is whether that party performed the conditions of its brokerage contract with defendant Montgomery Ward & Co.

In 1947, the defendant leased an entire building on Broadway in the City of Albany for a period of 15 years. Some time later, it entered into a written agreement with the plaintiff whereby...

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