91 N.Y.S. 431 | N.Y. App. Div. | 1905
The defendant entered into a written contract with Frank A. Taber,; as a broker, in which the defendant agreed to pay .'the sum of $90 for each of two loans' of $1,500 < upon certain real estate in the borough of Brooklyn, the security agreed upon being first mortgages. Frank Tabér secured the acceptance of these loans by liis brother, who was acting for a client; but upon a search of the title being made, it was found that the premises were subject to certain mortgages and judgments, and that they did not come up to some of the .specifications. Edward F. Taber wrote the defendant declining to make the loan unless the premises were repaired in certain respects, but oni the following day he wrote a second letter waiving the defect in the premises, and subsequently the parties 'renewed negotiations in reference to the loan,'the defendant promising at one time to have, the title to his premises cleared up within .
The judgment appealed from should be affirmed, with costs.
Present — Hirschberg, P. J., Bartlett, Woodward and Hooker, JJ.
Judgment of the Municipal Court affirmed, with costs.