Rosenberg v. Smith

The action is for brokers’ commissions. The defendant held a lease of No. 288 Madison street, in the city, and employed plaintiff’s assignor to procure a purchaser of the same. Said assignors procured one Levy, who agreed to buy the lease; but when the parties met to deliver the assignment of the lease and complete the sale, the said Levy declined to take it, on the ground that the lease contained certain covenants which did not suit him. There is no dispute that the objections raised by Levy appeared upon the face of the lease, and were known to him, or should have been so, at the time he…