Cox v. Hawke

MacLean, J. (dissenting).

It was essential to the plaintiffs’ case to prove, as pleaded in paragraph “ second ” and “ third ” of their complaint and put in issue by the defendant’s answer, that the defendant duly employed the plaintiffs as his agents and brokers to procure a purchaser for the real property described and that, pursuant to such employ*110ment, the plaintiffs procured a person ready, willing and able to purchase said premises; and such employment they could only prove upon showing their written authority of the defendant. Turner v. Lane, 47 Misc. Rep. 387. The “ Memorandum for John…