120 Misc. 61 | N.Y. App. Term. | 1922
The plaintiff has recovered a judgment for services alleged to have been rendered to the defendant in procuring a purchaser for premises owned by the defendant. It is undisputed that the plaintiff was employed by the defendant as a broker to procure for him a purchaser for his house. The plaintiff procured a proposed purchaser who was ready, able and willing to buy the defendant’s house at the price and upon the terms of payment demanded by the defendant, but when the parties met to sign the contract of sale it appeared that the stoop of the defendant’s house, as well as the cornice, projected beyond the building line and upon the streets of the city, and the proposed purchaser refused to sign a contract of sale which provided that title should be taken subject to these encroachments because his attorney advised him that he could not guarantee that the city might not at some time in the future compel the removal of these encroachments, though
Judgment should be reversed, with thirty dollars costs, and the complaint dismissed, with costs.
McAvoy and Wagner, JJ., concur.
Judgment reversed.