69 N.Y.S. 1052 | N.Y. App. Div. | 1901
This action was brought to recover broker’s commissions upon the sale of certain property described in the complaint, and belonging to the defendant. There is no substantial dispute that the plaintiff entered into a contract with the defendant in respect to a sale of this property, and it is agreed that the amount
“I do not think the commission was earned. It was not an undertaking on the part of the broker to get a purchaser to take the property and pay the money. It was more than that. He was to get some one to erect a large building, and for Mr. MeCreery to make a builder’s loan for that purpose. That contract was never made. It could not be until the character of the building was determined, and all the conditions respecting it agreed upon. That seems never to have occurred at all. This is all on the assumption that this underwriting to that letter was made at the meeting, as the plaintiff says. The burden of proof is that he is mistaken in that; that it was never done at all, but, when Wagner got in with Halter, he added that to it and transferred it to Halter.”
The plaintiff himself admits that the agreement between himself and the defendant in reference to the payment of the commissions
The judgment appealed from should be affirmed, with costs. All concur.