Van Decar v. Streeter

The defendant, being the owner of the real estate described in the complaint, on July 12, 1929, in writing authorized the partnership Scott B. Smith & Co., of Warrensburgh, N. Y., real estate brokers, to sell the same for $3,000 cash. Plaintiff negotiated with the broker and agreed to buy the property for that sum. Thereafter, on July sixteenth, the defendant executed and acknowledged a warranty deed of the property and left it with the broker with instructions to deliver it to the plaintiff on receipt of the plaintiff’s check for the purchase price. The broker was further directed by the…