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PRIESTLEY v. BUILDMASTER HOUS. CORP.

28 A.D.2d 707 (1967)

James K. Priestley, Respondent, v. Buildmaster Housing Corp., Defendant and Third-Party Plaintiff-Appellant. Pine Hills Purchase Corporation, Third-Party Defendant-Respondent

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

June 19, 1967

In our opinion, the trial court's instructions to the jury misrepresented a basic element of the law of broker-employer, namely, that where a broker is employed to sell property at a specific price and is unsuccessful, and the owner later begins or resumes negotiations with the broker's prospect in good faith and a sale results, then the broker is not entitled to a commission (Wylie v. Marine Nat. Bank, 61 N...

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