Peterson v. Matchinske

Plaintiff brought this action to recover on a memorandum agreement for a commission for securing a tenant for property owned by defendants. Defendants answered, denying that the memorandum was executed for value received, and as special defenses alleged (1) that the memorandum had been canceled by mutual consent, (2) that at the time of its delivery it was understood that should negotiations then being carried on by plaintiff fail, there should be no liability on the part of the defendants and plaintiff had, prior to instituting action, informed defendants that the deal was off and (3) that…