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ACKMAN v. TOREN, INC.

6 A.D.2d 427 (1958)

Benjamin Ackman et al., Doing Business as Ackman Brothers, Respondents, v. Toren, Inc., Appellant

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

October 28, 1958.

Attorney(s) appearing for the Case

Louis M. Bornstein of counsel (David Bornstein and William Massar with him on the brief; Bornstein & Bornstein, attorneys), for appellant.

Joseph Howard Katz (Adolph Bangser with him on the brief), for respondents.

RABIN, VALENTE and McNALLY, JJ., concur; BREITEL, J. P., and BASTOW, J., dissent and vote to affirm.

Per Curiam.

The letter agreement makes provision for compensation to the plaintiffs in the event of a sale through another broker. In so doing, the agreement adopts the legal effect of an exclusive agency as distinguished from an exclusive right of sale. "Under an exclusive agency agreement, an owner may make a sale himself, without the broker's aid, and, if the sale is made in good faith to a purchaser not procured...

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