
    KYLE et al. v. HORBERT.
    (Supreme Court, Appellate Term.
    April 8, 1910.)
    Principal and Agent (§ 132)—Disclosed Principal—Liability.
    Where an agent acts as such for a disclosed principal in employing brokers to sell land, the principal, and not the agent, is liable for the brokers’ commissions.
    [Ed. Note.—For other cases, see Principal and Agent, Cent. Dig. §§ 467-471; Dec. Dig. § 132.]
    
      Appeal from Municipal Court, Borough of Manhattan, Seventh District.
    Action by John H. Kyle and another, composing the firm of James Kyle & Sons, against Margaret Horbert. Judgment for plaintiffs, and defendant appeals.
    Reversed, and new trial ordered.
    Argued before SEABURY, LEHMAN, and GAVEGAN, JJ.
    Maurice B. & Daniel W. Blumenthal, for appellant.
    Campbell & Moore, for respondents.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

This action was brought to recover commissions for procuring a purchaser ready, willing, and able to buy certain real property at the request of the defendant. The evidence establishes that the defendant was acting as agent for a disclosed principal. The principal, and not the agent, is therefore liable for the commissions ■alleged to have been earned.

Judgment reversed, and a new-trial ordered,'with costs to the appellant to abide the event.  