Opinion
March 31, 1952.
In an action by a real estate broker against the seller, two individuals who controlled the seller corporation and the buyer, for commissions earned and for damages by reason of a conspiracy to induce the seller to breach its contract with plaintiff, the two individuals appeal from an order denying their motion to dismiss the complaint. Order reversed on the law, with $10 costs and disbursements, and motion granted, without costs. Assuming that the complaint states a cause of action against the seller for commissions earned, agents who, acting within the scope of their authority, induce the principal to breach a contract are not liable in damages to the other party to the contract. ( Greyhound Corp. v. Commercial Cas. Ins. Co., 259 App. Div. 317. ) We construe the allegation that appellants controlled the seller corporation as an averment that they were its agents. Carswell, Acting P.J., Johnston, Adel, Wenzel and MacCrate, JJ., concur. [See post, p 1077.]