Freeman v. Van Wagenen

The opinion of the court was delivered by

Swayze, J.

This is an action by a broker to recover commissions on a sale of real estate. On October 22d, 1913, John B. Van Wagenen, one of the defendants and tenants in common, signed a written agreement to pay the plaintiff a commission of lwo and one-half per cent, for the sale of the property. The defendants claim that this agreement was meant to apply only to a proposed sale to the Pennsylvania Railroad Company; that Ho such sale was made; that thereupon in December, 1913, the agreement for commissions was returned by Freeman to Van Wagenen and…