Borgio v. Gange ( 1904 )

PER CURIAM.

This action was brought to recover commissions to have been earned by plaintiff’s assignor procuring customers for the purchase of two houses owned by the defendant. As the plaintiff failed to prove that he had any written authority from the owner to offer the property for sale, he cannot recover. Peck v. Antes (Sup.) 84 N. Y. Supp. 252.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.