Kent v. Phenix Art Metal Co.

The opinion of the court was delivered by

Pitney, J.

This action was brought to recover commissions alleged to be due to the plaintiff for services rendered to the defendant in negotiating a sale of certain real and personal property constituting its manufacturing plant and stock of goods, situate at New Brunswick, in this state. The declaration contains two counts, the first of which sets up a special agreement made between the parties on February 4-th, 1901, entitling the plaintiff to a commission of three per cent, upon the purchase-price, followed by averments showing that in pursuance of…