23 N.Y.S. 1002 | New York Court of Common Pleas | 1893
This action was brought by plaintiff to recover commissions as real-estate broker in procuring a purchaser of certain property in Allen street, for the defendant. There is little conflict of testimony as to the facts. The employment of plaintiff by defendant is uncontradicted. It is also undisputed that, while the original price named by the defendant for her premises was $28,000, and the original offer of Mr. Fine, the proposed purchaser, conceded to have been found by the plaintiff, was only $26,-000, after some bargaining and negotiation Mr. Fine raised his offer to $27,000, and that this offer was accepted by the defendant, as she admits, and $50 was immediately paid by Mr. Fine to defendant as a deposit, and that thereupon defendant executed a contract drawn up by her daughter, and witnessed by both the daughter and the broker, which, although very inartificially drawn, we think indi