New York Court of Appeals

Edmund C. Wendt, Respondent v. Paul Fischer, Appellants

November 16, 1926243 N.Y. 439

Summary

The New York Court of Appeals held that the sale of the plaintiff's property was voidable at his option because the broker, who was also an officer of the purchasing corporation, failed to fully disclose his conflict of interest. The Court further held that the purchasing corporation must account for the profit earned on the resale, while the brokers are liable only for the commissions they earned. The judgment was modified accordingly and affirmed.