Fontana v. Polish National Alliance of Brooklyn

The opinion of the court was delivered by

Case, J.

The fundamental question is whether the writing from a real estate broker to an owner under R. S. 25 :1 — 9 is a compliance with the statute unless it is so phrased as to put the owner on fair notice that an oral agreement is claimed.

The defendant is a fraternal organization. It owned and desired to sell a property in Garfield. Defendant published a newspaper which it sent to its members; and Mrs. Mary Myl who, with her husband, later bought the property testifies that, having received a copy, she read therein that the property was listed for…