107 N.Y.S. 156 | N.Y. App. Div. | 1907
The plaintiff appeals- from a judgment dismissing his complaint at the close of his evidence on a trial in the Municipal Court. The defendant employed plaintiff to procure a purchaser for real property owned by her in Brooklyn for ¿9,200, agreeing -to pay him for his services $100.' -Subsequently she reduced the sale price to' $9,100, the same commission to be paid if a purchaser was procured.
The question of the financial ability of the prospective purchaser is. not involved, and the judgment of the Municipal Court must be reversed and a new trial ordered, costs to abide the event.
Jenks, Hooker and Gaynor, JJ., concurred ; Miller, J., dissented on the ground that .no enforcible contract was made and hence the broker had to. show the financial responsibility of the proposed purchaser.
Judgment of the Municipal Court reversed and new trial ordered, costs to abide the event. ' ■ - -