New York Court of Appeals

Isac Wagner v. Samuel Derecktor

March 11, 1954306 N.Y. 386

Summary

The New York Court of Appeals reversed the Appellate Division and ordered a new trial, holding that the parties' relationship was a factual issue for the jury, that the brokerage agreement conditioned the plaintiffs' payment on actual net profit and that the defendant's fault was required for a defense, and that the existence of a Mexican embargo was a factual question, not a matter of law.