Finocchiaro v. Kipferl

The plaintiff, a duly licensed real estate broker, entered into an agreement with the defendants to sell their house and lot situate in the city of Rochester for a commission to be paid by the seller. He secured purchasers who entered into a written contract of purchase with the defendants at the price agreed upon. The defendants refused to pay the plaintiff a commission upon the sale and this action was brought to recover the same.

The complaint is in the usual form. It alleges the hiring, the agreed rate of commission, the fact that the plaintiff produced *601purchasers who were willing and able…