100 N.Y.S. 1043 | N.Y. App. Div. | 1906
The plaintiff alleges an employment by the defendant' for the purpose of effecting a sale of certain real estate' for the sum of $8,500, and demands judgment for $212.50, being two and onc-lialf per cent upon the purchase price. It was established upon the trial that the plaintiff went to the defendant and procured a written authority to sell the real estate in question for $8,500, the defendant agreeing to pay the commission of two and one-half per' cent upon, any price which he ,agreed to accept for the property. The written agreement provided that the authority should continue until the defendant revoked the same in writing. Prior to this authority, which bears'date of Novémber 25, 1905, the defendant had been in negotiation with one Johnson in reference to a sale of this same property, Johnson representing third parties. Soon after'procuring the authority, .the plaintiff entered into a negotiation with the said Johnson, resulting in Johnson making an- offer of $8,000 for the premises, and it is conceded that this offer was rejected by the defendant. Subsequently, and on or before the twelfth day of
The judgment appealed from should, be reversed and new trial ordered, costs to abide the event.
Hirschberg, P. J., Gaynor, Rich and Miller, JJ., concurred.
Judgment of the Municipal Court reverséd and new trial ordered, costs to abide the event.