Dayton v. Gardiner

The appellant was the owner of certain real estate located at East Hampton, Long Island, a portion of which is involved in this action. The entire tract including this parcel was subject to the lien of a mortgage that was in default and under foreclosure. The plaintiff, as broker, negotiated a sale of a portion of the property for $12,000. The performance of the contract was conditioned upon the owner’s securing a release of the portion to be sold from the lien of the mortgage. The contract was prepared at the direction of the respondent-broker, who witnessed its execution and had full…