Snell v. Wickersham

WOOD (Parker), J.

Action for commission for services as real estate broker. Plaintiff appeals from judgment in favor of defendant.

On December 12, 1951, defendant signed and delivered to plaintiff a writing whereby defendant, in consideration of the services of plaintiff as agent of defendant, granted to plaintiff an “Open Listing right,” for 90 days thereafter, to sell defendant’s real property consisting of approximately 30 acres for $2,500 per acre on terms of “At Least % cash.” The writing also provided: “I hereby agree to pay said agent as commission 5 per cent of the selling price that is…