Poritz v. Sunshine

Per Curiam:.

Judgment unanimously reversed upon the law and a new trial ordered, with thirty dollars costs to the appellant, for the determination of the amount of commission only.

It is undisputed that defendant authorized the plaintiff to find a customer for bis store and that defendant knew that plaintiff would ask for a commission, although defendant claims there was no talk about a commission. That plaintiff induced Grill to consider the purchase of the store is undisputed. The fact that plaintiff did not participate in the negotiations makes no difference; nor is the right to commission…