Goff v. Adelson

Judgment and order affirmed, with costs. The contract of employment of plaintiff as a broker provided that his commission was to be paid only in the event of the closing of title. The claim that the proposed buyer was liable for the commission because of his failure to enter into a contract was determined adversely to the plaintiff by the jury upon the oImtti of the purchaser that the terms had not been accepted by him. We are of opinion that, in the absence of a hiring of plaintiff by defendant, respondent, there is no liability where the broker was employed by the owner to obtain a…