Stanton v. Spearman

an action by a broker against the sellers to recover commissions for procuring a purchaser for certain real property in Brooldyn, plaintiff appeals from a judgment of the Supreme Court, Kings County, dated and entered November 9, 1960, in favor of the sellers, the defendants Spearman, dismissing the complaint on the. merits at the close of plaintiff’s case, after a jury trial. Judgment reversed, on the law, and new trial granted, with costs to plaintiff to abide the event. In our opinion, a prima facie case was established. Performance of the two contracts of sale which were entered into by…