Citation Numbers: 159 N.Y.S. 161
Judges: Cohalan
Filed Date: 5/26/1916
Status: Precedential
Modified Date: 10/17/2022
The plaintiff sued to recover upon oral pleadings the sum of $200 as a broker’s commission. The answer was a general denial. Upon the trial the following written memorandum was put in evidence by the plaintiff:
“I, the undersigned, hereby agree, in consideration of one dollar to me paid in hand, to pay Mr. S. Eletz two hundred dollars commission ($110 in cash and three monthly notes at $30 each), provided my store is sold to Mr. Green-berg. [Signed] I. M. Goodelman.”
The judgment is reversed, with $30 costs, and judgment rendered for the plaintiff for the sum of $200, with interest and costs. All concur.