Weingrad v. Kletzky

Plaintiff seeks, upon an alleged oral agreement, to recover^ from defendant the amount of commissions which he would have earned if certain policies of insurance against fire had gone into effect. He bases his claim of breach of contract upon defendant’s refusal to accept the policies; and the measure of damage, as shown by his bill of particulars, is the exact amount of commissions *130which he insists the company would have paid him if the policies had gone into effect. “An owner who receives a fire insurance policy from an agent and returns it before it was to take effect does not incur any…