Abraham Kampf, Appellant, v. Annie Mary Dreyer, Sued as Annie Mary Dryer, and Others, Respondents.
Second Department,
April 26, 1907.
Principal and agent—when, real estate broker not entitled to commissions
A real estate'agent employed to secure a purchaser who merely produces persons . who obtain a written agreement .from the owner to sell the lands without them.sel ves agreeing to buy and who afterwards refuse to take title, is not entitled to commissions.
Appeal by the plaintiff, Abraham Kampf, from a judgment of • the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Kings oh the 10th day of October, 1906, upon the'dismissal of the complaint by direction of the -court after a trial at the Kings County Trial Term.
Robert R. Beyer, for the appellant.
Herman Hlfers, for the respondents.
Gaynor, J.:
The defendants employed areal estate agent to: secure a. purchaser of their land-, and this is an action for his commission. He did not procure a purchaser. He brought to the defendants two persons. who obtained from them a-written agreement' to sell the land to such persons, but the latter signed no agreement, and afterwards refused to sign an agreement or take a deed.
The judgment should- be affirmed.
Present — Hírsohberg, P. J.,'Woodward, Jenks, Hooker and (xAYNOR, JJ. ' . ' '
' Judgment unanimously affirmed, with costs.