Cantalupo v. Spagnolo

Action by plaintiffs for balance of commissions allegedly due.

Plaintiffs were real estate brokers; they entered into a contract dated July 7, 1959, with defendant whereby defendant undertook to pay plaintiffs a commission of $1,080 upon the sale of premises known as 1170 '54th Street, Brooklyn, New York, to one, Philip Versade —“ if, as and when title to premises No. 1170- — -54th Street, Brooklyn, is passed and the full consideration is paid.” Title to the premises subsequently closed; defendant received the full purchase price.

At the closing of title defendant protested to plaintiffs’…