N. A. Berwin & Co., Inc., Appellant, v. Hewitt Realty Company, Respondent

N. A. Berwin & Co., Inc., Appellant, v. Hewitt Realty Company, Respondent. Principal and agent — commissions — action to recover commissions for producing purchaser for real property of corporation — defense that officers entering into contract had no authority to sell property. Berwin & Co. v. Hewitt Realty Co., 199 App. Div. 453, affirmed, (Argued March 15, 1923; decided April 17, 1923.) Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered March 15, 1922, affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The action was to recover commissions alleged to have been earned by plaintiff in procuring a purchaser for real property belonging to defendant, a corporation. It was proved that a contract for the sale of the premises was entered into by certain officers of defendant but the complaint was dismissed upon the ground that no authority was shown in said officers either to sell the property or to make a contract for its sale and, therefore, they had no authority to employ plaintiff as broker to procure a purchaser. Milton Dammann and Maurice R. Roche for appellant. Albert S. Wright for respondent. [MAJORITY] Judgment affirmed, with costs; no opinion. Concur: Hogan, Pound, McLaughlin and Andrews, JJ. Dissenting: Cardozo and Crane, JJ. Absent: Hiscock, Ch. J.