LANGFAN v. WALZER


13 N.Y.2d 171 (1963)

William K. Langfan, Appellant, v. S. Michael Walzer, Respondent.

Court of Appeals of the State of New York.

Decided October 31, 1963.


Attorney(s) appearing for the Case

Herbert Frutkin and Louis B. Frutkin for appellant.

Mannis Neumann for respondent.

Chief Judge DESMOND and Judges BURKE, FOSTER and SCILEPPI concur with Judge FULD; Judges DYE and VAN VOORHIS dissent and vote to affirm.


FULD, J.

The plaintiff, a licensed real estate broker, sues in quantum meruit to recover a commission assertedly earned in procuring a purchaser for property owned by the defendant. The latter defends on the ground that the plaintiff, at the time he was employed, agreed that he would not be entitled to any commission until and unless a contract of sale was signed and a sale consummated. Relying upon a...

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