New York Court of Appeals

Benjamin F. Gerding, Respondent v. John B. Haskin, Appellants

March 13, 1894141 N.Y. 514

Summary

The New York Court of Appeals reversed the lower court's judgment and ordered a new trial because the broker failed to demonstrate that he had produced a ready and willing purchaser, a prerequisite for recovering commission. The court also held that a motion for nonsuit may be effective even when the grounds are not specifically stated if the defect is apparent.