56 N.Y.S. 95 | N.Y. App. Div. | 1899
This action was brought to recover commissions alleged to have been earned by the plaintiffs, real estate brokers, in selling certain
Upon the trial the .plaintiffs were permitted to prove, against the ■ •defendants’ objection and exception, that when Whitehouse signed the contract he did so, at the request of the defendants’ testator, for
It follows that on account of the errors thus committed the judgment must be reversed and a new trial granted, with costs to the appellants to abide the event.
Van Brunt, P. J., Barrett, Rumsey and Ingraham, JJ., concurred.
Judgment and order reversed, new trial ordered, costs to appellants to abide event.